PENDAKWARAYA Pn. Nur Aifaa binti Che Abdullah (peringkat kes pendakwaan) dan Nur Zatil Hidayah binti Ali (peringkat kes pembelaan) MUHAMMAD NUR AFIQ BIN ZULKIPLI

PENDAKWARAYA Pn. Nur Aifaa binti Che Abdullah (peringkat kes pendakwaan) dan Nur Zatil Hidayah binti Ali (peringkat kes pembelaan) MUHAMMAD NUR AFIQ BIN ZULKIPLI

The court convicted: prosecution proved every element of s.394 KK beyond reasonable doubt by credible and consistent witness testimony (victim and accomplice), supported by CCTV and medical evidence; identification was of good quality under Turnbull factors; accomplice evidence was corroborated by independent evidence; defence was bare denial/afterthought and alibi not properly served or substantiated under s.402A; therefore accused guilty and sentenced.

Citation
BA 62RS-2-01/2019 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor (Pendakwa Raya); Defendant: Muhammad Nur Afiq bin Zulkipli
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 December 2020
Case Number
BA 62RS-2-01/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery Causing Hurt (section 394 Kanun Keseksaan) / Trial Judgment and Sentencing
Outcome
Guilty under Section 394 read with Section 34 Kanun Keseksaan; sentenced to 10 years' imprisonment and three strokes of the cane.
Legal Topics
Robbery, Accomplice Evidence, Identification Evidence, Alibi Notice (s.402 a Cpc), Prima Facie Test, Burden of Proof
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Robbery Accomplice Evidence Identification Evidence Alibi Notice (s.402 a Cpc) Prima Facie Test +1 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecutor

Muhammad Nur Afiq bin Zulkipli

Defendant

Procedural Posture

Criminal Robbery Causing Hurt (section 394 Kanun Keseksaan) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case and ultimately proved guilt beyond reasonable doubt under s.394 KK
  2. 2 Whether identification evidence (dock and kawad cam) was reliable under Turnbull principles
  3. 3 Whether accomplice (SP5) testimony required corroboration and whether corroboration existed

Ratio Decidendi

The court convicted: prosecution proved every element of s.394 KK beyond reasonable doubt by credible and consistent witness testimony (victim and accomplice), supported by CCTV and medical evidence; identification was of good quality under Turnbull factors; accomplice evidence was corroborated by independent evidence; defence was bare denial/afterthought and alibi not properly served or substantiated under s.402A; therefore accused guilty and sentenced.

Court Disposition

Guilty under Section 394 read with Section 34 Kanun Keseksaan; sentenced to 10 years' imprisonment and three strokes of the cane.

Orders

  • Convicted under Section 394 Kanun Keseksaan read with Section 34
  • Sentence awarded: 10 years' imprisonment commencing from date of judgment and 3 strokes of the rotan