27 Jun 2023
MOHAMMAD ALIF SHAFIQ BIN KU ABDUL AZIZ
- Citation
- AB-83JS-12-12/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AB-83JS-12-12/2019 (Mahkamah Majistret)
Prosecution failed to prove the first charge beyond reasonable doubt because corroboration and witness identification issues (SP7 could not reliably support SP2 as a separate complainant) and inconsistencies in complainant conduct; however prosecution proved the second charge as elements of s354 were satisfied and the accused failed to discharge the burden to prove legal insanity on balance of probabilities, therefore conviction on the second charge was proper and sentence of 8 months imprisonment plus RM5,000 fine (4 months default) was appropriate.