Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Robbery (ragut)

Legal area

Court

29 Nov 2024

MUHAMMAD NAJIB BIN IDRIS

Citation

WA-62J-15-11/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62J-15-11/2023 (Mahkamah Sesyen)

Prosecution evidence (positive in‑court identification corroborated by kawad cam/CCTV and recovery of the stolen phone and matching clothing at accused's residence) proved both elements of robbery under s392 KK (theft and immediate fear) beyond reasonable doubt; accused's sworn denial was an uncorroborated bare denial and afterthought that failed to raise reasonable doubt; accordingly convicted under s392 and sentenced.
11 Sept 2023

1. ) WAN MOHD BUKHARY BIN SHARUDIN 2. ) TUNKU MUHAMMAD IKRAM BIN TUNKU AZNAN

Citation

WA-62J-26-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62J-26-08/2022 (Mahkamah Sesyen)

Prosecution failed to establish a prima facie case against OKT-2 because identification evidence was unreliable and the purported link via a motorcycle discovered following accused's information under s27 was undermined by inconsistencies in chassis/engine/registration details, discrepant photographs and contradictory witness testimony; seized clothing and helmets did not match CCTV; therefore the evidence did not prove beyond the prima facie threshold that OKT-2 was one of the robbers.