RAJA ABDUL WAFY BIN RAJA MUHAMMAD ROOSHDI

RAJA ABDUL WAFY BIN RAJA MUHAMMAD ROOSHDI

Applying the maximum evaluation test the Magistrate found the prosecution failed to prove beyond reasonable doubt that the accused entered without lawful permission and that he had the requisite criminal intent; evidence showed implied permission (retained keys, belongings, lack of clear notice, police conduct) and...

Source-derived case information.

Citation
AA-82-17-12/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: Raja Abdul Wafy bin Raja Muhammad Rooshdi; Complainant: Juhari bin Ibrahim (SP1)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
20 March 2025
Case Number
AA-82-17-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Acquittal at Magistrates' Court at Close of Prosecution Case; Prosecution Filed Notice of Appeal to High Court
Outcome
Accused discharged and acquitted at close of prosecution case.
Legal Topics
House‑trespass, Criminal Trespass, Possession/ownership, Burden of Proof, Prima Facie Evaluation, Chain of Custody
Criminal Law House‑trespass Criminal Trespass Possession/ownership Burden of Proof Prima Facie Evaluation Chain of Custody

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Parties

PENDAKWA RAYA

Prosecution

Raja Abdul Wafy bin Raja Muhammad Rooshdi

Accused

Juhari bin Ibrahim (SP1)

Complainant

Procedural Posture

Criminal / Acquittal at Magistrates' Court at Close of Prosecution Case; Prosecution Filed Notice of Appeal to High Court

Legal Issues

  1. 1 Whether complainant had sufficient possession/interest in the house to bring a charge of house‑trespass
  2. 2 Whether the accused entered the house without lawful permission
  3. 3 Whether the accused had the requisite criminal intent to commit an offence or to intimidate/annoy

Ratio Decidendi

Applying the maximum evaluation test the Magistrate found the prosecution failed to prove beyond reasonable doubt that the accused entered without lawful permission and that he had the requisite criminal intent; evidence showed implied permission (retained keys, belongings, lack of clear notice, police conduct) and gaps in investigation; therefore no prima facie case existed and the accused was discharged and acquitted.

Court Disposition

Accused discharged and acquitted at close of prosecution case.

Orders

  • Accused discharged and acquitted without being called to enter defence.
  • Bail/surety monies to be returned to the accused.