Pendakwa Raya v Muhammad Shafiq Bin Sa'ari
Catchwords
Criminal law — Firearms (Increased Penalties) Act 1971 — s. 3A — Accomplice liability — Knowledge and participation — Failure of proof Criminal procedure — Close of prosecution case — s. 180 Criminal Procedure Code — No prima facie case — Discharge without defence Evidence — Identification parade — Compliance with police standing orders — Parade regular but identification inconsistent — No corroboration Evidence — Firearm handling — Break in evidential chain — Prosecution failed to prove how weapon passed from accused to principal offender Judicial duty — Court not entitled to speculate — Gaps in prosecution evidence fatal at prosecution stage Outcome – Accused discharged and acquitted without being called to enter defence
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ca-46d-1-04-2018)