PENDAKWARAYA PENDAKWARAYA TPR Mohammad Fakhrurrazi bin Ahmad Salim FARID KAMIL BIN ZAHARI

PENDAKWARAYA PENDAKWARAYA TPR Mohammad Fakhrurrazi bin Ahmad Salim FARID KAMIL BIN ZAHARI

After full evaluation the court found prosecution evidence credible and sufficient to establish elements of s.323, s.353 and s.90 beyond reasonable doubt; accused's intoxication defence failed because intoxication was voluntary and accused remained aware and able to respond; charges were not defective; therefore accused convicted and sentenced accordingly.

Citation
83-136-1/2018, 83-137-1/2018, 83-138-1/2018, 83-139-1/2018 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Defendant: Farid Kamil bin Zahari; Victim/witness: Ashraf bin Ahmad (SP1); Victim/witness: Konstabel Muhammad Nizam bin Jamaluddin (SP2)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 June 2020
Case Number
83-136-1/2018, 83-137-1/2018, 83-138-1/2018, 83-139-1/2018 (Mahkamah Majistret)
Procedural Posture
Criminal Assault, Obstruction of Public Servant, Indecent Conduct at Police Station / Trial Judgment and Sentencing
Outcome
Accused convicted on counts under s.353 Penal Code and s.90 Police Act 1967; acquittal/release on s.323 charges previously compounded under s.260 CPC; sentence imposed and costs awarded; sentence stayed pending appeal.
Legal Topics
Assault (s.323 Penal Code), Criminal Force Against Public Servant (s.353 Penal Code), Indecent Conduct at Police Station (s.90 Police Act 1967), Intoxication Defence (ss.85 86 Penal Code), Prima Facie Burden (s.173 Cpc), Recall of Witnesses (s.425 Cpc), Sentencing and Mitigation
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Police Act Drugs Law Assault (s.323 Penal Code) Criminal Force Against Public Servant (s.353 Penal Code) Indecent Conduct at Police Station (s.90 Police Act 1967) +4 more

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Parties

Public Prosecutor

Prosecution

Farid Kamil bin Zahari

Defendant

Ashraf bin Ahmad (SP1)

Victim/witness

Konstabel Muhammad Nizam bin Jamaluddin (SP2)

Victim/witness

Procedural Posture

Criminal Assault, Obstruction of Public Servant, Indecent Conduct at Police Station / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved prima facie case at close of its case
  2. 2 Whether elements of s.323, s.353 and s.90 were established
  3. 3 Whether accused's intoxication defence (involuntary or negating intention) succeeded

Ratio Decidendi

After full evaluation the court found prosecution evidence credible and sufficient to establish elements of s.323, s.353 and s.90 beyond reasonable doubt; accused's intoxication defence failed because intoxication was voluntary and accused remained aware and able to respond; charges were not defective; therefore accused convicted and sentenced accordingly.

Court Disposition

Accused convicted on counts under s.353 Penal Code and s.90 Police Act 1967; acquittal/release on s.323 charges previously compounded under s.260 CPC; sentence imposed and costs awarded; sentence stayed pending appeal.

Orders

  • Convicted under Section 353 Kanun Keseksaan; sentenced to 13 months imprisonment from date of conviction
  • Convicted under Section 90 Police Act 1967; sentenced to 4 months imprisonment to run concurrently with sentence under s.353