Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

House trespass (s.448)
  • 4 Dec 2025

    MUHAMMAD HANIF BIN ABDULLAH

    Citation
    RA-83-651-09/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    RA-83-651-09/2023 (Mahkamah Majistret)

    The court found the prosecution failed to establish a prima facie case under s.448 because identification of the accused by the sole eyewitness was unreliable (fleeting glimpse, poor lighting, reliance on skin colour/height), there was no credible supporting forensic or corroborative evidence, and the police investigation was incomplete leaving multiple reasonable inferences in favour of the accused; accordingly the accused was discharged and acquitted without being called to answer.