Pendakwa Raya v Muhamad Amin Bin Pauzi

ca-46d-2-04-2018 High Court (Mahkamah Tinggi) 29 October 2025 • CA-46D-2-04/2018

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

Criminal Law Criminal Procedure

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (2)

Pendakwa Raya Prosecutor Muhamad Amin bin Pauzi Accused

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ca-46d-2-04-2018)