SYAMSUL MUHAIYUDIN BIN MUSA

SYAMSUL MUHAIYUDIN BIN MUSA

The employer attendance records and affidavit constituted fresh credible evidence that could not have been obtained at trial, were directly relevant to the accused's alibi and, when taken with existing evidence, would have raised reasonable doubt; prosecution also failed to exclude the possibility that others had access to the room/router, rendering the charge unsustainable – accordingly conviction could not stand and accused must be acquitted and discharged.

Citation
WA-42JSKS(A)-2-09/2022 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent/accused: Syamsul Muhaiyudin bin Musa
Court
A
Jurisdiction
Malaysia
Judgment Date
12 July 2023
Case Number
WA-42JSKS(A)-2-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Judgment on Admission of Fresh Evidence and Appeal Against Conviction and Sentence
Outcome
conviction quashed; accused acquitted and discharged; High Court decision allowed to admit fresh evidence and set aside prior conviction and sentence
Legal Topics
Fresh Evidence (admission), Alibi, Attribution of IP Address, Burden of Proof, Inference Under S114 Evidence Act, Particulars of Charge, Investigative Duty of Police
Source Language
Malay/English
Criminal Law Sex Offences Cybercrime/digital Evidence Evidence Law Procedural Law Fresh Evidence (admission) Alibi Attribution of IP Address +4 more

Case Brief

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Parties

Pendakwa Raya

Appellant

Syamsul Muhaiyudin bin Musa

Respondent/accused

Procedural Posture

Criminal Appeal / Judgment on Admission of Fresh Evidence and Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence (employer attendance record and affidavit) should be admitted under s317 Criminal Procedure Code
  2. 2 Whether the fresh evidence is relevant and credible and would have raised reasonable doubt at trial
  3. 3 Whether the charge remains sustainable once alibi evidence is admitted

Ratio Decidendi

The employer attendance records and affidavit constituted fresh credible evidence that could not have been obtained at trial, were directly relevant to the accused's alibi and, when taken with existing evidence, would have raised reasonable doubt; prosecution also failed to exclude the possibility that others had access to the room/router, rendering the charge unsustainable – accordingly conviction could not stand and accused must be acquitted and discharged.

Court Disposition

conviction quashed; accused acquitted and discharged; High Court decision allowed to admit fresh evidence and set aside prior conviction and sentence

Orders

  • Fresh evidence (employer attendance record and affidavit) admitted under s317 Kanun Tatacara Jenayah
  • Conviction and sentence by trial court set aside