MOHD HAZLI BIN MAHYEDDIN

MOHD HAZLI BIN MAHYEDDIN

The court found the prosecution proved all elements of s323 read with s326A beyond reasonable doubt: the accused and victim were spouses, medical and testimonial evidence established injury (minimal bruising to left thigh), accused acted with knowledge or intent likely to cause hurt, and the defence of grave and...

Source-derived case information.

Citation
AB-83-231-05/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Hazli bin Mahyeddin; Complainant: Nurul Natasha binti Shahrin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 May 2023
Case Number
AB-83-231-05/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment (appeal on Sentence and Cross Appeal on Conviction)
Outcome
Guilty (convicted under Section 323 read with Section 326A Penal Code)
Legal Topics
Section 323 Penal Code, Section 326 a Penal Code, Section 334 Penal Code (provocation), Prima Facie / Maximum Evaluation, Credibility and Demeanour, Mitigation and Sentencing
Criminal Law Evidence Family Law Sentencing Section 323 Penal Code Section 326 a Penal Code Section 334 Penal Code (provocation) Prima Facie / Maximum Evaluation +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohd Hazli bin Mahyeddin

Defendant

Nurul Natasha binti Shahrin

Complainant

Procedural Posture

Criminal / Judgment (appeal on Sentence and Cross Appeal on Conviction)

Legal Issues

  1. 1 Whether prosecution proved all elements of offence under s323 read with s326A Penal Code beyond reasonable doubt
  2. 2 Whether grave and sudden provocation under s334 Penal Code applies
  3. 3 Whether defence raised a reasonable doubt at close of defence

Ratio Decidendi

The court found the prosecution proved all elements of s323 read with s326A beyond reasonable doubt: the accused and victim were spouses, medical and testimonial evidence established injury (minimal bruising to left thigh), accused acted with knowledge or intent likely to cause hurt, and the defence of grave and sudden provocation failed as the alleged scratching and subsequent events were neither grave nor sudden; defence failed to raise reasonable doubt and conviction and sentence were upheld.

Court Disposition

Guilty (convicted under Section 323 read with Section 326A Penal Code)

Orders

  • Convicted under Section 323 Penal Code read with Section 326A Penal Code
  • Sentenced to 1 day imprisonment commencing 25.5.2023