13 Jul 2022
[ ] HATMAN RIZA BIN RADZUN
- Citation
- BA-41LB(A)-1-01/2022 (Mahkamah Tinggi)
- Court
- A
- Case number
- BA-41LB(A)-1-01/2022 (Mahkamah Tinggi)
The High Court dismissed the prosecution's appeal because the Magistrate did not misdirect in law: the Magistrate properly exercised discretion in admitting the video under s9 Evidence Act, properly assessed the totality of prosecution and defence evidence and reasonably found that the defence raised a reasonable doubt as to the accused's intent to cause hurt; those factual findings are entitled to appellate deference and there were no substantial and compelling reasons to disturb them.
- Causing hurt (section 323 penal code)
- Enhanced penalty for family member (section 326a penal code)
- Prima facie case
- Admissibility and relevance of evidence (evidence act 1950 s9)
- Standard of appellate review of factual findings