NORHAZAKI BIN MOHD NOOR [Timbalan (TPR), Jabatan Peguam Negara]

NORHAZAKI BIN MOHD NOOR [Timbalan (TPR), Jabatan Peguam Negara]

The High Court held the Sessions Court judge who heard the defence properly evaluated the defence evidence against the required legal standards and there was no misdirection or error warranting interference; the defence did not raise a reasonable doubt sufficient to overturn the prosecution case, therefore conviction and sentence were affirmed.

Citation
CB-42JSKS-1-02/2024 (Mahkamah Tinggi)
Parties
Appellant: Norhazaki bin Mohd Nor; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
CB-42JSKS-1-02/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal From Sessions Court Remittal for Defence
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape, Burden of Proof, Reasonable Doubt, Credibility of Witnesses, Remittal for Defence, Judicial Intervention
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Appellate Procedure Rape Burden of Proof Reasonable Doubt Credibility of Witnesses +2 more

Case Brief

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Parties

Norhazaki bin Mohd Nor

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal From Sessions Court Remittal for Defence

Legal Issues

  1. 1 Whether the Sessions Court judge who heard the defence properly evaluated the defence evidence after remittal by the High Court
  2. 2 Whether the defence raised a reasonable doubt sufficient to discharge the prosecution's burden
  3. 3 Whether a different judge hearing the defence can overturn or re-evaluate findings made by a previous judge at appellate stage

Ratio Decidendi

The High Court held the Sessions Court judge who heard the defence properly evaluated the defence evidence against the required legal standards and there was no misdirection or error warranting interference; the defence did not raise a reasonable doubt sufficient to overturn the prosecution case, therefore conviction and sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal by appellant against conviction and sentence is dismissed
  • Conviction confirmed