Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prima facie test / section 173 cja
  • 6 Oct 2023

    MOGANAMBAL A/P HATHULAL

    Citation
    AB-82-5-12/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-82-5-12/2019 (Mahkamah Majistret)

    Prosecution proved beyond reasonable doubt that defendant kicked the victim causing bodily pain and a medically diagnosed soft tissue injury to the knee; the act was done with knowledge that it would cause hurt and was not occasioned by grave and sudden provocation; credibility of prosecution witnesses was accepted and defence failed to raise reasonable doubt or establish provocation; CCTV evidence was not admitted due to non‑compliance with s90A but was unnecessary given credible eyewitness and medical evidence; conviction under Section 323 was therefore proper and the sentence imposed was a…