Muhamad Khairuldin Bin Shahrun

Muhamad Khairuldin Bin Shahrun

Prosecution proved all essential elements of armed robbery beyond reasonable doubt: victims gave consistent and credible identification supported by recovery of stolen items from third parties and accused's household; hearsay objections rejected because exhibits were recovered by investigators and corroborated by victims; SP7's court testimony was impeached under s.155 and excluded; s.114(g) did not apply; accused's alibi was an unsupported afterthought without required notice; therefore guilty on both counts under s.392 read with s.397 KK.

Citation
BA-62RS-12-03/2019 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Khairuldin bin Shahrun
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 September 2022
Case Number
BA-62RS-12-03/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Armed Robbery / Trial, Conviction and Sentencing
Outcome
Convicted on both counts under Section 392 read with Section 397 Kanun Keseksaan
Legal Topics
Robbery, Armed Robbery, Identification Evidence, Hearsay, Alibi, Adverse Inference, Impeachment of Witness Under S.155, S.112 CPC Statements
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Robbery Armed Robbery Identification Evidence Hearsay Alibi +3 more

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Parties

Pendakwa Raya

Prosecutor

Khairuldin bin Shahrun

Accused

Procedural Posture

Criminal Armed Robbery / Trial, Conviction and Sentencing

Legal Issues

  1. 1 whether prosecution proved armed robbery under s.392 read with s.397 KK beyond reasonable doubt
  2. 2 credibility and sufficiency of identification evidence
  3. 3 admissibility and weight of recovered exhibits and hearsay objections

Ratio Decidendi

Prosecution proved all essential elements of armed robbery beyond reasonable doubt: victims gave consistent and credible identification supported by recovery of stolen items from third parties and accused's household; hearsay objections rejected because exhibits were recovered by investigators and corroborated by victims; SP7's court testimony was impeached under s.155 and excluded; s.114(g) did not apply; accused's alibi was an unsupported afterthought without required notice; therefore guilty on both counts under s.392 read with s.397 KK.

Court Disposition

Convicted on both counts under Section 392 read with Section 397 Kanun Keseksaan

Orders

  • Convicted on both counts under Section 392 read with Section 397 Kanun Keseksaan
  • Sentenced to 9 years imprisonment and 3 strokes of the cane for each count