PENDAKWARAYA PP LIM YU SING

PENDAKWARAYA PP LIM YU SING

Prosecution failed to establish a prima facie case under s.506 because the complainant's evidence contained material, credibility‑undermining contradictions with his police report (including inconsistency on the alleged words, actions, and language used), the person who assisted with the FIR was not called (invoking s.114(g) presumptions), and there existed a plausible alternative explanation; applying the maximum evaluation standard the magistrate was not prepared to convict if the accused remained silent, therefore discharge and acquittal under s.173(f)(ii) CPC was proper.

Citation
MB-83-139-12/2018 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: LIM YU SING
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 November 2019
Case Number
MB-83-139-12/2018 (Mahkamah Majistret)
Procedural Posture
Criminal / Appeal Against Discharge (post Prosecution)
Outcome
Accused discharged and acquitted at close of prosecution; prosecution filed notice of appeal
Legal Topics
Criminal Intimidation, Prima Facie, Discharge and Acquittal, Credibility of Witnesses, Police Reports, Standard of Evaluation
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Law Criminal Intimidation Prima Facie Discharge and Acquittal Credibility of Witnesses Police Reports +1 more

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Parties

PENDAKWA RAYA

Prosecution

LIM YU SING

Defendant

Procedural Posture

Criminal / Appeal Against Discharge (post Prosecution)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.506 Penal Code
  2. 2 Whether the words/actions of the accused constituted a threat
  3. 3 Credibility and consistency of the complainant's evidence and police report

Ratio Decidendi

Prosecution failed to establish a prima facie case under s.506 because the complainant's evidence contained material, credibility‑undermining contradictions with his police report (including inconsistency on the alleged words, actions, and language used), the person who assisted with the FIR was not called (invoking s.114(g) presumptions), and there existed a plausible alternative explanation; applying the maximum evaluation standard the magistrate was not prepared to convict if the accused remained silent, therefore discharge and acquittal under s.173(f)(ii) CPC was proper.

Court Disposition

Accused discharged and acquitted at close of prosecution; prosecution filed notice of appeal

Orders

  • Accused discharged and acquitted without being called to enter defence under Section 173(f)(ii) Criminal Procedure Code
  • Case record and prosecution appeal to be dealt with by the High Court as appropriate