SHARILFUAD BIN IDROS [NO KP: 851025-08-6257]

SHARILFUAD BIN IDROS [NO KP: 851025-08-6257]

The trial judge erred by failing to perform a maximum/positive evaluation under s180 and by failing to consider all evidence under s182A; those failures rendered the conviction unsafe and warranted setting aside the conviction and sentence and ordering the accused be acquitted and discharged.

Citation
RA-42S-6-12/2020 (Mahkamah Tinggi)
Parties
Appellant/accused: Sharilfuad bin Idros; Respondent/prosecution: Public Prosecutor (Pendakwa Raya)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2021
Case Number
RA-42S-6-12/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Determination on Appeal
Outcome
Appeal allowed; conviction and sentence quashed; accused acquitted and discharged
Legal Topics
Prima Facie Case, Maximum/positive Evaluation, Proof Beyond Reasonable Doubt, Safety of Conviction, Bare Denial Defence
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Law Prima Facie Case Maximum/positive Evaluation Proof Beyond Reasonable Doubt Safety of Conviction Bare Denial Defence

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Parties

Sharilfuad bin Idros

Appellant/accused

Public Prosecutor (Pendakwa Raya)

Respondent/prosecution

Procedural Posture

Criminal Appeal / High Court Determination on Appeal

Legal Issues

  1. 1 Whether the trial judge applied the correct maximum/positive evaluation at the close of the prosecution under s180 Criminal Procedure Code when calling the accused to enter his defence
  2. 2 Whether the trial judge properly considered all the evidence at the conclusion of the trial under s182A Criminal Procedure Code before convicting beyond reasonable doubt

Ratio Decidendi

The trial judge erred by failing to perform a maximum/positive evaluation under s180 and by failing to consider all evidence under s182A; those failures rendered the conviction unsafe and warranted setting aside the conviction and sentence and ordering the accused be acquitted and discharged.

Court Disposition

Appeal allowed; conviction and sentence quashed; accused acquitted and discharged

Orders

  • Set aside the conviction and two‑year sentence imposed by the Sessions Court
  • Accused Sharilfuad bin Idros is acquitted and discharged of the charge