17 Mar 2023
NADARAJAN A/L MARIMUTHU
- Citation
- AB-83-137-03/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AB-83-137-03/2020 (Mahkamah Majistret)
The Magistrate held that the prosecution proved all elements of the offence under section 325/322 Kanun Keseksaan beyond reasonable doubt: accused identified as perpetrator, complainant's account corroborated by police report and medical evidence showing closed fracture of right patella consistent with an axe blow, accused's knowledge and voluntariness inferred from conduct and use of an axe; absence of the weapon did not undermine the case. Defence failed to raise reasonable doubt. Accused convicted and sentenced to 20 months' imprisonment; execution of sentence stayed pending appeal with in…
- Grievous hurt (s.320, s.322, s.325)
- Prima facie case
- Burden of proof at close of prosecution
- Credibility and corroboration of witnesses
- Admissibility of police reports and medical reports
- Effect of non-production of weapon (s.114(g) evidence act)