ADAM BIN HASSAN

ADAM BIN HASSAN

Trial judge misdirected by rejecting a properly notified alibi at close of prosecution; prosecution failed to investigate or rebut the alibi (including failure to secure CCTV and to call the original investigating officer) and there was no positive identification by the child; cumulative defects made the conviction...

Source-derived case information.

Citation
PA-42S-27-10/2019 (Mahkamah Tinggi)
Parties
Appellant / Accused: Adam bin Hassan; Respondent: Public Prosecutor (Pendakwa Raya)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2020
Case Number
PA-42S-27-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal
Outcome
Appeal allowed; conviction and sentence quashed; appellant acquitted and discharged.
Legal Topics
Alibi Defence, Identification Evidence, Hearsay and Investigatory Gaps, CCTV Evidence, Burden of Proof, Failure to Call Investigating Officer, Misdirection by Trial Judge, Particulars of Charge
Criminal Law Evidence Sexual Offences Against Children Criminal Procedure Alibi Defence Identification Evidence Hearsay and Investigatory Gaps CCTV Evidence +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Adam bin Hassan

Appellant / Accused

Public Prosecutor (Pendakwa Raya)

Respondent

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court wrongly rejected the appellant's alibi at the close of the prosecution case
  2. 2 Whether failure to obtain or produce CCTV justified adverse inference under s.114(g) Evidence Act or otherwise weakened prosecution case
  3. 3 Whether non‑examination of the original investigating officer created a prejudicial gap in the prosecution case

Ratio Decidendi

Trial judge misdirected by rejecting a properly notified alibi at close of prosecution; prosecution failed to investigate or rebut the alibi (including failure to secure CCTV and to call the original investigating officer) and there was no positive identification by the child; cumulative defects made the conviction unsafe and appellate court quashed the conviction and acquitted the appellant.

Court Disposition

Appeal allowed; conviction and sentence quashed; appellant acquitted and discharged.

Orders

  • Conviction set aside and sentence quashed
  • Appellant Adam bin Hassan acquitted and discharged of the charge