MOHD ALI BIN HASSAN

MOHD ALI BIN HASSAN

The court found the prosecution proved beyond reasonable doubt the elements of Section 14(a) Akta 792 based on a competent and consistent child witness whose testimony was unusually convincing and corroborated by supporting witnesses and photographic identification; the accused's denial was mere denial and did not raise reasonable doubt; accordingly the accused was convicted under Section 14(a) and sentenced to three years' imprisonment with rehabilitative counselling during incarceration and one year police supervision after release; whipping was not imposed given judicial discretion and the accused's advanced age.

Citation
AC-62JSK-23-12/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Ali Bin Hassan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 April 2024
Case Number
AC-62JSK-23-12/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing (trial Court)
Outcome
Accused convicted under Section 14(a) Akta 792 and sentenced
Legal Topics
Child Sexual Abuse, Competency and Credibility of Child Witness, Prima Facie Case, Sentencing Principles, Rehabilitative Counselling, Police Supervision, Corporal Punishment Discretion
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Child Sexual Abuse Competency and Credibility of Child Witness Prima Facie Case Sentencing Principles +3 more

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Parties

Pendakwa Raya

Prosecution

Mohd Ali Bin Hassan

Accused

Procedural Posture

Criminal / Conviction and Sentencing (trial Court)

Legal Issues

  1. 1 Whether prosecution proved elements of Section 14(a) Akta 792 beyond reasonable doubt
  2. 2 Whether the child witness was competent and her evidence credible
  3. 3 Whether the accused's denial raised reasonable doubt

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt the elements of Section 14(a) Akta 792 based on a competent and consistent child witness whose testimony was unusually convincing and corroborated by supporting witnesses and photographic identification; the accused's denial was mere denial and did not raise reasonable doubt; accordingly the accused was convicted under Section 14(a) and sentenced to three years' imprisonment with rehabilitative counselling during incarceration and one year police supervision after release; whipping was not imposed given judicial discretion and the accused's advanced age.

Court Disposition

Accused convicted under Section 14(a) Akta 792 and sentenced

Orders

  • Accused found guilty under Section 14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017 (Akta 792)
  • Imprisonment for 3 years commencing from date of conviction (26 April 2024)