SARIMAH BINTI ABDUL RAHMAN

SARIMAH BINTI ABDUL RAHMAN

Although prosecution established a prima facie case that the accused made contact with the victim and caused minor injury, the defence evidence and contextual facts raised a reasonable doubt as to the accused's intent to cause hurt; the contact was inferable as incidental or a push in the heat of an argument directed at another party and the injury was minor; therefore prosecution failed to prove mens rea beyond reasonable doubt and accused is acquitted and discharged.

Citation
MA-85-138-05/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: SARIMAH BINTI ABDUL RAHMAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 October 2025
Case Number
MA-85-138-05/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial Judgment (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Voluntarily Causing Hurt (section 323), Prima Facie Assessment Under Section 173 KTJ, Mens Rea and Intent, Sudden Grave Provocation (section 334), Weight of FIR and Video Evidence
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Voluntarily Causing Hurt (section 323) Prima Facie Assessment Under Section 173 KTJ Mens Rea and Intent Sudden Grave Provocation (section 334) Weight of FIR and Video Evidence

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Parties

PENDAKWA RAYA

Prosecution

SARIMAH BINTI ABDUL RAHMAN

Defendant

Procedural Posture

Criminal / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved all elements of offence under section 323 Kanun Keseksaan
  2. 2 Whether prima facie case was established at close of prosecution case
  3. 3 Whether accused had requisite intent to cause hurt (mens rea)

Ratio Decidendi

Although prosecution established a prima facie case that the accused made contact with the victim and caused minor injury, the defence evidence and contextual facts raised a reasonable doubt as to the accused's intent to cause hurt; the contact was inferable as incidental or a push in the heat of an argument directed at another party and the injury was minor; therefore prosecution failed to prove mens rea beyond reasonable doubt and accused is acquitted and discharged.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Sarimah binti Abdul Rahman is acquitted and discharged from the charge under section 323 Kanun Keseksaan.
  • Bail money returned to surety in full.