[TIMBALAN ] MUHAMD RASHID BIN ABD RAOUF

[TIMBALAN ] MUHAMD RASHID BIN ABD RAOUF

Magistrate's acquittal was upheld because the Magistrate correctly found the defence raised a reasonable doubt on the element of possession/ownership based on evidence (SSM registrations and presence of others), and knowledge of illicit sales alone did not establish custody or control necessary for conviction; the...

Source-derived case information.

Citation
KA-41LB-12-11/2022 (Mahkamah Tinggi)
Parties
Appellant (perayu): Pendakwa Raya; Respondent: Muhamd Rashid bin Abd Raouf
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2023
Case Number
KA-41LB-12-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal High Court (appeal From Magistrate) / Hearing on Appeal (judgment)
Outcome
Appeal dismissed; Magistrate's acquittal and discharge of the respondent upheld.
Legal Topics
Possession, Knowledge, Prima Facie Case, Burden of Proof, Ownership, Seizure, Afterthought, Section 119 Customs Act 1967, Section 135 Customs Act 1967
Customs Law Criminal Law Evidence Law Possession Knowledge Prima Facie Case Burden of Proof Ownership +4 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 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pendakwa Raya

Appellant (perayu)

Muhamd Rashid bin Abd Raouf

Respondent

Procedural Posture

Criminal Appeal High Court (appeal From Magistrate) / Hearing on Appeal (judgment)

Legal Issues

  1. 1 Whether the Magistrate erred in revisiting the High Court's finding that a prima facie case existed
  2. 2 Whether the Magistrate failed to assess prosecution evidence properly and relied solely on the respondent's defence, thereby erring in law and fact

Ratio Decidendi

Magistrate's acquittal was upheld because the Magistrate correctly found the defence raised a reasonable doubt on the element of possession/ownership based on evidence (SSM registrations and presence of others), and knowledge of illicit sales alone did not establish custody or control necessary for conviction; the decision was legally sound and safe despite the Magistrate revisiting prima facie issues.

Court Disposition

Appeal dismissed; Magistrate's acquittal and discharge of the respondent upheld.

Orders

  • Appeal dismissed.
  • Respondent acquitted and discharged of the charge.