Mohamad Hamzi bin Mohd Kasmadi v Pendakwa Raya
11 cases cited
(0 SG, 11 foreign)
Catchwords
CRIMINAL PROCEDURE: Charges – Sufficiency of particulars of time – Charges under s. 14(d) Sexual Offences Against Children Act 2017 specifying calendar month only without specific date or time – Whether charges are defective for failure to state specific date and time in breach of ss. 152, 153 and 154 of the Criminal Procedure Code – Whether date and time are essential ingredients of a physical sexual assault offence against a child – Real test: whether accused received sufficient certain notice of the matter with which he is charged – Whether charges specifying a defined temporal period, precise location, identity and IC number of victim, and mode of commission satisfy the notice requirement under s. 153 CPC – Whether s. 154 CPC imposes obligation to particularise manner of commission where ss. 152 and 153 particulars are insufficient CRIMINAL PROCEDURE: Alibi defence – Actual prejudice – Whether absence of specific date and time in charges rendered it impossible for accused to raise alibi defence – Whether inability to account for whereabouts throughout entire calendar month constitutes actual prejudice – Whether accused was in fact misled by omission in charge within the meaning of s. 156 CPC – Whether bare assertion of theoretical prejudice, unsupported by identification of specific date, alibi witness or cautioned statement, suffices to establish actual prejudice – Whether alibi defence is diminished in cases involving known accused standing in position of authority and trust over victim – Whether alibi can prevail over positive identification by witness with no ill motive CRIMINAL PROCEDURE: Application to quash charges – Prematurity – Application to quash charges filed before trial commenced and served after prosecution closed its case – Whether application is premature where Sessions Court has not yet delivered its ruling at close of prosecution case – Prosecution's broad discretion to amend, add to, or prefer alternative charges at any time before judgment is delivered – Whether High Court should intervene by way of application to quash before trial court has had opportunity to rule on sufficiency of evidence CRIMINAL PROCEDURE: Curability of defects in charges – Whether omission of specific date and time in charge constitutes defect in essential ingredients or merely in particulars of offence – Whether error or omission going only to particulars of time is material under s. 156 CPC in the absence of demonstrated actual misleading – Whether such omission is curable under s. 422 CPC so as not to occasion a failure of justice
Judges (1)
Counsel (5)
Statutes Cited
Courts of Judicature Act 1964 (Cap 91)
Criminal Procedure Code (Cap 593)
Penal Code (Cap 574)
s 14(d)
Cases Cited (11)
MY (11)
[1960] 1 MLJ 509 [2009] 3 CLJ 364 [2010] 4 CLJ 265 [2014] 1 MLJ 49 [2015] 3 CLJ 984 [2015] 8 CLJ 769 [2019] 4 MLJ 542 [2020] MLJU 2150 [2020] MLJU 2260 [2023] 9 MLJ 604 [2023] MLJU 3370
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-44-1-01-2026)