16 Jun 2023
MUHAMMAD QAYYUM BIN MAZLAN
- Citation
- MA-83-242-03/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- MA-83-242-03/2022 (Mahkamah Majistret)
Prosecution failed to prove a prima facie case: they did not adduce authoritative evidence establishing that the accused resided within Mukim Bukit Baru nor that Tol Lipat Kajang was outside that mukim (no maps, expert or documentary proof and witnesses were uncertain), the charge lacked specificity by not identifying the precise subsection of s15(2), and mens rea is required for the offence charged so the prosecution could not rely on strict liability; accordingly the accused could not safely be called on to enter defence and was acquitted under Section 15(1) Prevention of Crime Act 1959.