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2018 MarsdenLR 2848

HIGH COURT MALAYA SHAH ALAM
PP – Appellant
Versus
ROZITA MOHAMAD ALI – Respondent


Petitioner Advocates:Hanif Khatri,Rozal Azimin,Yazeed Azad,Luqman Mazlan ,Respondent Advocate: Mohammad Iskandar,V Shiloshani

Table of Content
1. initial overview and charge details (Para 1 , 2 , 3 , 4 , 5)
2. arguments presented in court (Para 6 , 7 , 8 , 9)
3. legal provisions and observations (Para 10 , 11 , 12 , 13 , 14)
4. sentencing justifications (Para 30 , 31 , 32 , 33)
5. final decision to impose a custodial sentence. (Para 34)

[1] The accused person was earlier charged with attempted murder under s 307 of the Penal Code (" PC ") and she claimed trial. Based on the record of proceedings on 17 April 2017 the court below was informed that the complainant had written in to the Attorney General expressing her intention not to proceed with the case and wanted to withdraw her police report. The case was then postponed to 9 May 2017. On 9 May 2017 the learned Deputy Public Prosecutor ("DPP") informed the court below that the Attorney General had rejected the complainant's application and the trial thereafter commenced with the complainant herself being called to take the stand.?

[2] After having ten witnesses called the prosecution tendered an amended charge pursuant to a representation submitted by the accused person. The amended charge was one under s 326 of the PC an offence of voluntarily causing griev

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