WONG YUNG HAO

WONG YUNG HAO

Prosecution proved beyond a prima facie standard that the accused intentionally used criminal force on the complainant on three occasions within a single transaction and with intent to outrage her modesty; SP1’s evidence was credible and consistent with CCTV and supporting witness SP2, defence explanations were inconsistent with the record and did not raise reasonable doubt; accordingly the accused is guilty under section 354 Penal Code and liable to sentence.

Citation
WA-83JS-248-08/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: WONG YUNG HAO
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 June 2024
Case Number
WA-83JS-248-08/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment and Sentence
Outcome
Accused convicted under section 354 Penal Code and sentenced
Legal Topics
Assault, Use of Criminal Force, Outrage of Modesty, Prima Facie Case, Corroboration, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Criminal Procedure Assault Use of Criminal Force Outrage of Modesty Prima Facie Case +2 more

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Parties

PENDAKWA RAYA

Prosecution

WONG YUNG HAO

Accused

Procedural Posture

Criminal / Judgment and Sentence

Legal Issues

  1. 1 Whether prosecution established a prima facie case under section 354 Penal Code
  2. 2 Whether the touching constituted criminal force with intent to outrage modesty
  3. 3 Credibility and weight of complainant, supporting witness and CCTV evidence

Ratio Decidendi

Prosecution proved beyond a prima facie standard that the accused intentionally used criminal force on the complainant on three occasions within a single transaction and with intent to outrage her modesty; SP1’s evidence was credible and consistent with CCTV and supporting witness SP2, defence explanations were inconsistent with the record and did not raise reasonable doubt; accordingly the accused is guilty under section 354 Penal Code and liable to sentence.

Court Disposition

Accused convicted under section 354 Penal Code and sentenced

Orders

  • Convicted of offence under section 354 Penal Code
  • Fine of RM3000; in default of payment to undergo 3 months imprisonment