LIYANA BINTI RAZALI

LIYANA BINTI RAZALI

The court found the prosecution proved the accused was the speaker and that the statements were false, satisfying the actus reus element, but failed to prove the requisite mens rea or that the statements were likely to cause fear or alarm to the public because there was no evidence of public alarm, complaints, or reduced vaccine uptake; therefore no prima facie case existed and the accused was discharged without being called to defend.

Citation
FA-83-105-05/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Liyana binti Razali
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 June 2024
Case Number
FA-83-105-05/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (section 505(b) Penal Code) / End of Prosecution Case — Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and freed — no prima facie case; bail returned
Legal Topics
Section 505(b) Penal Code, Prima Facie Test, Mens Rea (intention), Evidence of Public Alarm
Source Language
Malay/English
Criminal Law Criminal Procedure Public Order Section 505(b) Penal Code Prima Facie Test Mens Rea (intention) Evidence of Public Alarm

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Parties

Pendakwa Raya

Prosecution

Liyana binti Razali

Defendant

Procedural Posture

Criminal (section 505(b) Penal Code) / End of Prosecution Case — Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the accused made, published or distributed a statement as alleged
  2. 2 Whether the statement was intended to, or was likely to, cause fear or alarm to the public under s.505(b)
  3. 3 Whether the prosecution proved a prima facie case to call the accused to defend

Ratio Decidendi

The court found the prosecution proved the accused was the speaker and that the statements were false, satisfying the actus reus element, but failed to prove the requisite mens rea or that the statements were likely to cause fear or alarm to the public because there was no evidence of public alarm, complaints, or reduced vaccine uptake; therefore no prima facie case existed and the accused was discharged without being called to defend.

Court Disposition

Accused discharged and freed — no prima facie case; bail returned

Orders

  • Accused Liyana binti Razali discharged and freed without being called to enter defence
  • Bail money returned to accused