PENDAKWA RAYA Pendakwa Raya TERTUDUH 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)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH Muhammad Shafiq Bin Sa'ari is a High Court (Mahkamah Tinggi) decision dated October 29, 2025 (citation: ca-46d-1-04-2018). The case was decided by Mohd Radzi bin Harun.
Key issues: Criminal law — Firearms (Increased Penalties) Act 1971 — s. 3A — Accomplice liability — Knowledge and participation — Failure of proof.
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH Muhammad Shafiq Bin Sa'ari?
PENDAKWA RAYA Pendakwa Raya TERTUDUH Muhammad Shafiq Bin Sa'ari is a High Court decision dated October 29, 2025. The case was heard by Mohd Radzi bin Harun. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ca-46d-1-04-2018)