MOHD REDZUAN BIN ZAKARIA

MOHD REDZUAN BIN ZAKARIA

The High Court held the Magistrate correctly assessed that the child witness understood the nature of an oath and her sworn evidence was admissible and credible; contemporaneous medical and mother’s evidence corroborated the complaint; prosecution proved the ingredients of section 354 Penal Code beyond reasonable doubt; defence failed to raise reasonable doubt or justify adverse inference for non-calling of other children; conviction affirmed but original sentence was manifestly inadequate and substituted with 18 months imprisonment with the RM6,000 fine in default 6 months imprisonment upheld, commencing from date of judgment.

Citation
WA-41S-7-07/2018 (Mahkamah Tinggi)
Parties
Accused/appellant: Mohd Redzuan bin Zakaria; Respondent/appellant: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 August 2019
Case Number
WA-41S-7-07/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal and Cross Appeal From Magistrate's Court
Outcome
Appeal against conviction dismissed; conviction under section 354 Penal Code affirmed; sentence set aside and substituted with 18 months imprisonment; fine of RM6,000 in default 6 months imprisonment upheld.
Legal Topics
Assault Under Section 354 Penal Code, Child Witness Competency and Oath, Section 133 a Evidence Act (child Evidence), Corroboration, Adverse Inference Under Evidence Act, Sentencing Principles and Public Interest
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Sentencing Assault Under Section 354 Penal Code Child Witness Competency and Oath Section 133 a Evidence Act (child Evidence) Corroboration +2 more

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Parties

Mohd Redzuan bin Zakaria

Accused/appellant

Public Prosecutor

Respondent/appellant

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal and Cross Appeal From Magistrate's Court

Legal Issues

  1. 1 Whether the child witness (aged 7) understood the nature of an oath and could give evidence under oath
  2. 2 Whether evidence required corroboration under section 133A Evidence Act
  3. 3 Whether prosecution proved ingredients of section 354 Penal Code beyond reasonable doubt

Ratio Decidendi

The High Court held the Magistrate correctly assessed that the child witness understood the nature of an oath and her sworn evidence was admissible and credible; contemporaneous medical and mother’s evidence corroborated the complaint; prosecution proved the ingredients of section 354 Penal Code beyond reasonable doubt; defence failed to raise reasonable doubt or justify adverse inference for non-calling of other children; conviction affirmed but original sentence was manifestly inadequate and substituted with 18 months imprisonment with the RM6,000 fine in default 6 months imprisonment upheld, commencing from date of judgment.

Court Disposition

Appeal against conviction dismissed; conviction under section 354 Penal Code affirmed; sentence set aside and substituted with 18 months imprisonment; fine of RM6,000 in default 6 months imprisonment upheld.

Orders

  • Appeal against conviction dismissed
  • Conviction under section 354 Penal Code affirmed