ZAINUDDIN BIN MAT ISA

ZAINUDDIN BIN MAT ISA

Appeal against conviction dismissed: High Court held the six proven offences were parts of a single series of connected acts forming the same transaction under s.165 KTJ so consolidation was proper; the child complainant was credible and her account was supported by prompt police report, medical evidence and recovery of the dildo; defence recordings and alibi failed to raise reasonable doubt and statutory alibi notice requirements were not met; convictions under s.14(a) Akta 792, s.377CA and s.376B KK were upheld. On sentence the court modified the Sessions Judge's orders so specified imprisonment terms in related counts run concurrently (to avoid an excessive or crushing aggregate), but...

Citation
AA-42JSKS-4-08/2023 (Mahkamah Tinggi)
Parties
Appellant (perayu): Zainuddin bin Mat Isa; Respondent (prosecution): Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 August 2024
Case Number
AA-42JSKS-4-08/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences) / Appeal to High Court (judgment)
Outcome
Appeal against conviction dismissed; convictions upheld. Appeal against sentence partly allowed insofar as certain imprisonment terms were ordered to run concurrently (adjusting Sessions Judge's consecutive order); remaining sentences, corporal punishment and ancillary orders upheld.
Legal Topics
Child Sexual Abuse, Rape and Incest, Use of Object in Sexual Offence (377 Ca), Admissibility and Credibility of Child Witness, Corroboration and Medical Evidence, Alibi Notice (s.402 A), Consolidation of Charges (s.163/165 KTJ One Transaction Rule), Concurrent Vs Consecutive Sentencing, Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Sexual Offences Criminal Procedure Evidence Law Sentencing Law Child Sexual Abuse Rape and Incest Use of Object in Sexual Offence (377 Ca) +6 more

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Parties

Zainuddin bin Mat Isa

Appellant (perayu)

Pendakwa Raya

Respondent (prosecution)

Procedural Posture

Criminal Appeal (sexual Offences) / Appeal to High Court (judgment)

Legal Issues

  1. 1 Whether the trial court erred in trying multiple distinct offences together contrary to s.163 KTJ or whether they fell within the s.165 KTJ same-transaction exception
  2. 2 Whether the child complainant (SP6) was a credible witness and whether supporting evidence corroborated her account
  3. 3 Whether absence of DNA/forensic evidence was fatal to prosecution case

Ratio Decidendi

Appeal against conviction dismissed: High Court held the six proven offences were parts of a single series of connected acts forming the same transaction under s.165 KTJ so consolidation was proper; the child complainant was credible and her account was supported by prompt police report, medical evidence and recovery of the dildo; defence recordings and alibi failed to raise reasonable doubt and statutory alibi notice requirements were not met; convictions under s.14(a) Akta 792, s.377CA and s.376B KK were upheld. On sentence the court modified the Sessions Judge's orders so specified imprisonment terms in related counts run concurrently (to avoid an excessive or crushing aggregate), but...

Court Disposition

Appeal against conviction dismissed; convictions upheld. Appeal against sentence partly allowed insofar as certain imprisonment terms were ordered to run concurrently (adjusting Sessions Judge's consecutive order); remaining sentences, corporal punishment and ancillary orders upheld.

Orders

  • Case AA-42JSKS-2-08/2023 (AC-62JSK-17-06/2021): Sentence of 2 years' imprisonment from date of arrest 16/06/2021 and 1 stroke under s.14(a) Akta 792; additional 2 years' imprisonment and 2 strokes under s.16 Akta 792; counselling under s.26 Akta 792 and 1 year supervision under s.27 Akta 792. Appeal dismissed.
  • Case AA-42JSKS-3-08/2023 (AC-62JSK-18-06/2021) Pertuduhan 1: 14 years' imprisonment and 3 strokes under s.376B KK plus additional 2 years and 2 strokes under s.16 Akta 792, counselling and 1 year supervision; Pertuduhan 2: 6 years' imprisonment and 2 strokes under s.377CA KK plus additional 2 years and 2 strokes...