Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Definition of injury s17(2)
  • 30 Sept 2024

    NURUL FATIHAH BINTI MOHD FADZLI

    Citation
    BA-62-16-05/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BA-62-16-05/2022 (Mahkamah Sesyen)

    Prosecution failed to prove three essential elements: accused did not have exclusive custody at the material time; there was no evidential link establishing that the accused's actions caused the child's scalp laceration or substantial emotional/respiratory harm; and the injury causation and danger from the blanket could not be proven beyond speculative possibility. Consequently no prima facie case was made out and the accused was discharged and acquitted.