IFI IZWAN BIN ZAINAL ABIDIN [Jabatan Peguam Negara]

IFI IZWAN BIN ZAINAL ABIDIN [Jabatan Peguam Negara]

The Court held the prosecution proved all elements of robbery under Seksyen 395/397 read with Seksyen 391 beyond reasonable doubt by credible ocular identification corroborated by kawad cam, fingerprint matching to the accused on the victim's car, recovery of clothing and the weapon; defence alibis were inconsistent and no valid alibi notice was given; sentencing at 13 years imprisonment and 3 strokes was within principled range and not manifestly excessive, therefore the appeals were dismissed and convictions and sentences upheld.

Citation
WA-42S-2-02/2022 (Mahkamah Tinggi)
Parties
Perayu/tertuduh: Mohd Idris bin Mohd Shafiai; Perayu/tertuduh: Ifi Izwan bin Zainal Abidin; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 October 2023
Case Number
WA-42S-2-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (robbery Under Seksyen 395/397 Kanun Keseksaan) / Appeal Against Conviction and Sentence in the Court of Appeal (judgment on Merits and Sentence Review)
Outcome
Appeals dismissed; conviction and sentence upheld.
Legal Topics
Robbery, Group Robbery, Use of Weapon, Identification Evidence, Forensic Fingerprint Evidence, Alibi Notice, Sentencing/mitigation and Deterrence
Source Language
Malay/English
Criminal Law Evidence Robbery Group Robbery Use of Weapon Identification Evidence Forensic Fingerprint Evidence Alibi Notice +1 more

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Parties

Mohd Idris bin Mohd Shafiai

Perayu/tertuduh

Ifi Izwan bin Zainal Abidin

Perayu/tertuduh

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (robbery Under Seksyen 395/397 Kanun Keseksaan) / Appeal Against Conviction and Sentence in the Court of Appeal (judgment on Merits and Sentence Review)

Legal Issues

  1. 1 Whether prosecution proved all elements of robbery under Seksyen 395/397 and Seksyen 391 (group robbery) beyond reasonable doubt
  2. 2 Reliability and sufficiency of ocular identification and kawad cam identification
  3. 3 Admissibility and probative value of fingerprint evidence and recovered exhibits

Ratio Decidendi

The Court held the prosecution proved all elements of robbery under Seksyen 395/397 read with Seksyen 391 beyond reasonable doubt by credible ocular identification corroborated by kawad cam, fingerprint matching to the accused on the victim's car, recovery of clothing and the weapon; defence alibis were inconsistent and no valid alibi notice was given; sentencing at 13 years imprisonment and 3 strokes was within principled range and not manifestly excessive, therefore the appeals were dismissed and convictions and sentences upheld.

Court Disposition

Appeals dismissed; conviction and sentence upheld.

Orders

  • Appeals dismissed
  • Convictions under Seksyen 395/397 Kanun Keseksaan upheld for both appellants