Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Theft (motor vehicle)
  • 15 Nov 2023

    [ ] MUHAMAD IZUWAN BIN ANUAR

    Citation
    JF-82-2-10/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JF-82-2-10/2019 (Mahkamah Majistret)

    The prosecution did not establish a prima facie case on the offence as charged because ownership by the named owner could not be proved and the evidence pointed to removal from police custody; the court declined to amend the charge at this late stage because framing of charges is the prosecution's responsibility and late amendment would prejudice the accused; accordingly there was no prima facie case and the accused was discharged and acquitted.