ROSMAINI BIN ABDUL RAOF v Pendakwa Raya
16 cases cited
(0 SG, 16 foreign)
Catchwords
CRIMINAL LAW/CRIMINAL PROCEDURE: Circumstantial Evidence – Conviction based on circumstantial evidence – Evaluation of chain of circumstances – Whether circumstantial evidence sufficient to sustain conviction – Whether cumulative effect of evidence leads to irresistible conclusion of guilt – Whether alternative hypotheses reasonably possible – Whether chain of circumstances complete and unbroken –Distinction between reasonable doubt and imaginary or speculative doubt EVIDENCE: Witness credibility – Assessment by trial judge – Belated contradictory statements – Whether trial judge erred in finding witness credible – Statutory declaration and police report made after accused called to enter defence – Whether documentary evidence supersedes sworn oral testimony – Weight to be given to trial judge's observation of demeanour – Whether subsequent contradictory documents raise credibility issues –Suspicious timing of contradictory evidence – Whether afterthought or collusion CRIMINAL PROCEDURE: Recall of witnesses – Power under Section 425 of Criminal Procedure Code – Whether court erred in refusing to recall witness for cross-examination – Whether recall essential to just decision of case – Exercise of judicial discretion – Whether additional evidence admissible – Whether application made for improper tactical purposes –Whether refusal to recall witness violates right to fair trial under Article 5(1) Federal Constitution EVIDENCE: Hearsay evidence – Whether witness testimony constitutes inadmissible hearsay – Distinction between hearsay and direct evidence of facts personally witnessed – Whether admission by accused admissible – Whether evidence of statement made to witness is hearsay or original evidence – Police report as first information report – Whether maker of statement called as witness negates hearsay objection – Failure to raise hearsay objection during trial CRIMINAL PROCEDURE: Investigative deficiencies – DNA testing on exhibits – Accuracy of crime scene sketch – Failure to investigate belated reports – Whether investigative deficiencies material – Whether deficiencies create reasonable doubt – Whether investigation thorough and adequate – Standard of investigation required CRIMINAL LAW: Reasonable doubt – Burden and standard of proof at conclusion of defence case – Legal burden on prosecution to prove case beyond reasonable doubt – Evidential burden on accused to raise reasonable doubt – Whether defence narrative raises reasonable doubt even if disbelieved –Distinction between reasonable doubt and mere possible or imaginary doubt – Assessment of alternative hypotheses – Whether third-party involvement theory reasonably possible –Whether failure to put case to witnesses during cross-examination fatal to defence SENTENCING: Grievous hurt to spouse – Domestic violence context – Section 325 read with Section 326A of Penal Code – Whether sentence manifestly inadequate – Legislative intent behind Section 326A enhancement –Consideration of gravity of offence, circumstances, deterrent effect and public interest – Whether appellate court should interfere with sentence – Consideration of victim impact evidence under Section 183A Criminal Procedure Code – Catastrophic and permanent injuries to victim – Whether sentence reflects seriousness of domestic violence offence – Balancing punishment, deterrence and reformation – Consideration of remand period and statutory maximum
Judges (1)
Counsel (7)
Case Significance
ROSMAINI BIN ABDUL RAOF v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated November 3, 2025 (citation: ja-42s-7-12-2024). The case was decided by Atan Mustaffa Yussof Ahmad.
What was the outcome of ROSMAINI BIN ABDUL RAOF v Pendakwa Raya?
ROSMAINI BIN ABDUL RAOF v Pendakwa Raya is a High Court decision dated November 3, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.
Statutes Cited
Criminal Procedure Code (Cap 593)
Evidence Act 1950 (Cap 56)
Federal Constitution
Art 5(1)
Penal Code (Cap 574)
Cases Cited (16)
UK (1)
[1952] AC 480
MY (15)
[1956] MLJ 220 [1963] 1 MLJ 263 [1969] 2 MLJ 209 [1971] 2 MLJ 16 [1976] 2 MLJ 256 [1981] 1 MLJ 315 [1981] 1 MLJ 84 [1986] 2 MLJ 33 [1993] 2 MLJ 364 [1998] 3 MLJ 14 [1999] 2 MLJ 1 [2005] 2 MLJ 301 [2011] MLJU 655 [2016] 4 MLJ 525 [2020] 12 MLJ 260
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-42s-7-12-2024)