ABDUL AZIZ BIN ALLA PICHAI

ABDUL AZIZ BIN ALLA PICHAI

Applying the prima facie test and maximum evaluation of prosecution evidence the court found SP1 credible and the audio recording admissible and consistent with SP1’s account; elements of s354 and s509 were established for counts 1 and 3 respectively and thus the accused was convicted on those counts. Material recantation and investigative omissions created reasonable doubt on the amended count 2, resulting in acquittal on that count. Sentencing balanced mitigation (first offender, age, health, family) against public interest and aggravation of a father abusing his daughter, resulting in imprisonment and costs with suspension of execution on bail pending appeal.

Citation
WA-83JS-100-03/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Abdul Aziz Bin Alla Pichai
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 June 2024
Case Number
WA-83JS-100-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Sexual Offences (assault/outrage of Modesty) / Trial Judgment and Sentencing (conviction on Counts 1 and 3; Acquittal on Count 2 Amended); Bail Pending Appeal
Outcome
Accused convicted of Pertuduhan Pertama (s354) and Pertuduhan Ketiga (s509); acquitted and discharged of Pertuduhan Kedua (amended).
Legal Topics
Assault (s354), Outraging Modesty (s509), Prima Facie Test, Credibility and Impeachment of Witnesses, Admissibility of Audio Recordings, Alibi, Police Investigation/cctv Evidence, Sentencing and Bail
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Procedural Law Assault (s354) Outraging Modesty (s509) Prima Facie Test Credibility and Impeachment of Witnesses +4 more

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Parties

Pendakwa Raya

Prosecution

Abdul Aziz Bin Alla Pichai

Accused

Procedural Posture

Criminal Sexual Offences (assault/outrage of Modesty) / Trial Judgment and Sentencing (conviction on Counts 1 and 3; Acquittal on Count 2 Amended); Bail Pending Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s354 and s509
  2. 2 Credibility of complainant (SP1) and recanting witness (SP2)
  3. 3 Admissibility and authenticity of audio recording (P34) and forensic report

Ratio Decidendi

Applying the prima facie test and maximum evaluation of prosecution evidence the court found SP1 credible and the audio recording admissible and consistent with SP1’s account; elements of s354 and s509 were established for counts 1 and 3 respectively and thus the accused was convicted on those counts. Material recantation and investigative omissions created reasonable doubt on the amended count 2, resulting in acquittal on that count. Sentencing balanced mitigation (first offender, age, health, family) against public interest and aggravation of a father abusing his daughter, resulting in imprisonment and costs with suspension of execution on bail pending appeal.

Court Disposition

Accused convicted of Pertuduhan Pertama (s354) and Pertuduhan Ketiga (s509); acquitted and discharged of Pertuduhan Kedua (amended).

Orders

  • Sentenced to 6 months imprisonment for Pertuduhan Pertama (s354).
  • Sentenced to 3 months imprisonment for Pertuduhan Ketiga (s509).