LIM YI HANG

LIM YI HANG

The High Court dismissed the prosecution's appeal and upheld the Sessions Court's acquittal because prosecution failed to prove a prima facie case that the respondent intentionally caused grievous hurt to SP3 and failed to establish admissibility of the private hospital medical report under section 399 CPC read with section 34C Medical Act; accordingly there was no requirement to call the accused to enter defence and the acquittal must stand.

Citation
PA-42LB-25-12/2019 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Lim Yi Hang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-42LB-25-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Acquittal at High Court
Outcome
Appeal dismissed; acquittal and discharge of respondent upheld
Legal Topics
Section 326 Penal Code (causing Grievous Hurt), Section 320 Penal Code (definition of Grievous Hurt), Section 316 Criminal Procedure Code (decision on Appeal), Section 399 Criminal Procedure Code (admissibility of Reports), Section 34 C Medical Act 1971 (authorization of Private Medical Practitioners), Prima Facie Standard at End of Prosecution Case
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Medical Law Section 326 Penal Code (causing Grievous Hurt) Section 320 Penal Code (definition of Grievous Hurt) Section 316 Criminal Procedure Code (decision on Appeal) Section 399 Criminal Procedure Code (admissibility of Reports) +2 more

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Parties

Pendakwa Raya

Appellant

Lim Yi Hang

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal at High Court

Legal Issues

  1. 1 Whether the Sessions Judge erred in acquitting the respondent for lack of evidence that the respondent caused grievous hurt to SP3
  2. 2 Whether the injury sustained by SP3 amounted to grievous hurt under section 320 Penal Code and whether the private hospital medical report was admissible under section 399 CPC and section 34C Medical Act

Ratio Decidendi

The High Court dismissed the prosecution's appeal and upheld the Sessions Court's acquittal because prosecution failed to prove a prima facie case that the respondent intentionally caused grievous hurt to SP3 and failed to establish admissibility of the private hospital medical report under section 399 CPC read with section 34C Medical Act; accordingly there was no requirement to call the accused to enter defence and the acquittal must stand.

Court Disposition

Appeal dismissed; acquittal and discharge of respondent upheld

Orders

  • Dismissed the prosecution's appeal
  • Maintained the Sessions Court order acquitting and discharging the respondent for charge PA-62-12-03/2019