Malaysia Case Law: Decisions & Judgments

Topic

Assault (section 323)

Legal area

Court

21 May 2025

MOHD FAIZUL ANUAR BIN MHD PAUZI

Citation

DD-82-1-01/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DD-82-1-01/2023 (Mahkamah Majistret)

Prosecution failed to prove the charge beyond reasonable doubt because defence evidence presented a plausible, coherent alternative explanation for the injuries (goat horn) and produced credible eyewitnesses whose accounts created reasonable doubt on critical facts (location, cause of injury); conviction would be unsafe and the accused must be acquitted.
29 Nov 2023

MOHD EFFENDY BIN A. JAMIL

Citation

WA-83-230-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-230-01/2022 (Mahkamah Majistret)

The court found all elements of s323 read with s326A proved, convicted the accused but exercised sentencing discretion to substitute imprisonment with a compulsory attendance order of 2 hours daily for 4 months under the Compulsory Attendance of Offenders Act 1954 (s.5), with RM2000 bond and one surety, because the injury severity was indeterminate, the accused was a first offender and breadwinner, rehabilitation and preserving family welfare outweighed the need for immediate imprisonment, and the sentence was proportionate and lawful.
6 Oct 2023

MOGANAMBAL A/P HATHULAL

Citation

AB-82-5-12/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-82-5-12/2019 (Mahkamah Majistret)

Prosecution proved beyond reasonable doubt that defendant kicked the victim causing bodily pain and a medically diagnosed soft tissue injury to the knee; the act was done with knowledge that it would cause hurt and was not occasioned by grave and sudden provocation; credibility of prosecution witnesses was accepted and defence failed to raise reasonable doubt or establish provocation; CCTV evidence was not admitted due to non‑compliance with s90A but was unnecessary given credible eyewitness and medical evidence; conviction under Section 323 was therefore proper and the sentence imposed was a…

Malaysia Case Law

MOHD FAIZUL ANUAR BIN MHD PAUZI

MOHD EFFENDY BIN A. JAMIL

MOGANAMBAL A/P HATHULAL