30 Nov 2023
LINA AZURA BINTI AHMAD BASARI
- Citation
- WA-83-7533-11/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-83-7533-11/2021 (Mahkamah Majistret)
Although the prosecution established a prima facie case that the accused made a kicking action (video P9) amounting to an assault, the prosecution failed to prove beyond reasonable doubt that the kick caused the victim’s injury as charged under s323 read with s326A due to material inconsistencies in injury descriptions; therefore the court amended the charge under s167 and convicted the accused of assault under s352 based on the proved kicking act and sentenced her to a fine and costs with default imprisonment terms.