Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

House‑breaking
  • 11 Dec 2023

    MOHD JEFRI BIN AHMAD

    Citation
    WA-83RS-927-10/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83RS-927-10/2022 (Mahkamah Majistret)

    Prosecution proved only that accused entered the premises; it failed to prove by direct or sufficiently cogent circumstantial evidence that the accused pried open the glass door or that no other person could have committed the house‑breaking and theft; the oral application to drop section 34 was prejudicial and refused; only a non‑prejudicial wording addition ('to commit theft') was allowed; on the totality of evidence no prima facie case was established and the accused was discharged and acquitted.