[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SUBRI BIN ZAKARIA

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SUBRI BIN ZAKARIA

On maximum evaluation of prosecution evidence and credibility findings the court concluded the complainant sustained injuries corroborated by medical report, the accused's act of pushing was a conscious aggressive act from which knowledge that it could cause hurt could be inferred, provocation was not grave and sudden, parties were married so s.326A applied; defence failed to raise reasonable doubt; conviction entered under s.323 read with s.326A and sentence imposed.

Citation
CB-82-9-12/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MUHAMMAD SUBRI BIN ZAKARIA
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 January 2025
Case Number
CB-82-9-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Assault (causing Hurt) Read With Domestic Violence Enhancement / End of Defence (decision at Close of Defence and Sentencing)
Outcome
Accused found guilty and convicted under Section 323 Penal Code read with Section 326A Penal Code
Legal Topics
Causing Hurt (section 323 Penal Code), Aggravation by Marital Relationship (section 326 a Penal Code), Prima Facie Test at Close of Prosecution Case, Provocation/heat of Passion, Sentencing Principles
Source Language
Malay/English
Criminal Law Domestic Violence Causing Hurt (section 323 Penal Code) Aggravation by Marital Relationship (section 326 a Penal Code) Prima Facie Test at Close of Prosecution Case Provocation/heat of Passion Sentencing Principles

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Parties

PENDAKWA RAYA

Prosecution

MUHAMMAD SUBRI BIN ZAKARIA

Defendant

Procedural Posture

Criminal Assault (causing Hurt) Read With Domestic Violence Enhancement / End of Defence (decision at Close of Defence and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at the close of the prosecution case
  2. 2 Whether the accused had knowledge/intention to cause hurt when he pushed the complainant
  3. 3 Whether injuries were self-inflicted or accidental

Ratio Decidendi

On maximum evaluation of prosecution evidence and credibility findings the court concluded the complainant sustained injuries corroborated by medical report, the accused's act of pushing was a conscious aggressive act from which knowledge that it could cause hurt could be inferred, provocation was not grave and sudden, parties were married so s.326A applied; defence failed to raise reasonable doubt; conviction entered under s.323 read with s.326A and sentence imposed.

Court Disposition

Accused found guilty and convicted under Section 323 Penal Code read with Section 326A Penal Code

Orders

  • Accused sentenced to 6 months imprisonment from date of conviction
  • Fine RM2000; in default of payment, additional imprisonment of 6 months