PENDAKWARAYA PENDAKWARAYA SAYEDAMANULLAH A/L SULAIMAN

PENDAKWARAYA PENDAKWARAYA SAYEDAMANULLAH A/L SULAIMAN

Complainant's consistent positive in-court identification corroborated by identification parade and contemporaneous observation, together with evidence of three perpetrators, theft of specific items and use of a blade, established all elements of gang-robbery under s395 read with s397 beyond reasonable doubt; the accused's alibi was uncorroborated and failed to raise reasonable doubt; accordingly guilty verdict and sentence imposed.

Citation
WA-62RS-57-03/2019 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Sayedamanullah A/L Sulaiman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 May 2020
Case Number
WA-62RS-57-03/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (sections 395/397 Penal Code) / Trial Conviction and Sentencing
Outcome
Accused convicted under Section 395 Penal Code read with Section 397 Penal Code
Legal Topics
Robbery, Gang Robbery, Use of Deadly Weapon, Identification Evidence, Identification Parade (kawad Cam), Dock Identification, Alibi (s402 a Cpc), Sentencing Principles
Source Language
Malay/English
Criminal Law Evidence Law Criminal Procedure Sentencing Law Robbery Gang Robbery Use of Deadly Weapon Identification Evidence +4 more

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Parties

Pendakwa Raya

Prosecution

Sayedamanullah A/L Sulaiman

Defendant

Procedural Posture

Criminal Gang Robbery (sections 395/397 Penal Code) / Trial Conviction and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case for gang-robbery under s395 read with s397 Penal Code
  2. 2 Whether identification evidence (dock identification and kawad cam) was reliable and admissible
  3. 3 Whether the accused's alibi raised reasonable doubt

Ratio Decidendi

Complainant's consistent positive in-court identification corroborated by identification parade and contemporaneous observation, together with evidence of three perpetrators, theft of specific items and use of a blade, established all elements of gang-robbery under s395 read with s397 beyond reasonable doubt; the accused's alibi was uncorroborated and failed to raise reasonable doubt; accordingly guilty verdict and sentence imposed.

Court Disposition

Accused convicted under Section 395 Penal Code read with Section 397 Penal Code

Orders

  • Sentence of imprisonment for 10 years from date of arrest 22.3.2019
  • Two strokes of whipping