14 Dec 2021
MUHAMMAD FAIZ BIN MOHD RUSELI [ ]
- Citation
- DA-42S-7-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-42S-7-07/2020 (Mahkamah Tinggi)
The High Court held the prosecution established all elements of Section 326: appellant (with another) caused grievous hurt intentionally using a weapon; police reports P1 and P9 were admissible because their makers testified and identified them; the discovery of the wooden implement P5 by the appellant satisfied Section 27 and linked the weapon to the injuries corroborated by medical evidence; common intention under Section 34 was established by eyewitnesses; absence of peripheral witnesses did not warrant adverse inference; trial judge properly assessed defence and mitigation; therefore conv…
- Grievous hurt (section 326 penal code)
- Common intention (section 34 penal code)
- Admissibility of police reports (section 76 evidence act 1950)
- Discovery evidence (section 27 evidence act 1950)
- Adverse inference (section 114(g) evidence act 1950)
- Assessment of defence evidence