2019 MarsdenLR 2185

MAHKAMAH TINGGI MALAYA SHAH ALAM
PENDAKWA RAYA LWN. RUDIANA RAZALI
[Rayuan Jenayah No: BA-42LB-04-01/2018]

The appeal was dismissed as the prosecution failed to establish a prima facie case under section 31(1)(a) of the Child Act 2001.

Headnote:This case involves an appeal by the prosecution against the acquittal of the respondent under section 31(1)(a) of the Child Act 2001. The trial court determined the prosecution failed to establish a prima facie case before calling the respondent to defend. The court held the charge faulty, as negligence is not included in the specified offense under the cited law. The court reiterated the burden of proof lies with the prosecution to present a case beyond reasonable doubt. The appeal was dismissed and the trial court's decision upheld.