HUSSIN BIN OON

HUSSIN BIN OON

The prosecution proved beyond reasonable doubt the elements of section 377CA through consistent and corroborated testimony of the victim and sibling, supported by parents, medical reports and investigation; defence was an unsupported afterthought and failed to raise reasonable doubt, therefore conviction under section 377CA is justified.

Citation
JD-62JSK-9-12/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Hussin bin Onn
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 February 2023
Case Number
JD-62JSK-9-12/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Decision
Outcome
Appeal dismissed; accused convicted under section 377CA Kanun Keseksaan.
Legal Topics
Child Sexual Assault, Prima Facie Test, Corroboration, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Child Sexual Assault Prima Facie Test Corroboration Sentencing

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Parties

Pendakwa Raya

Prosecution

Hussin bin Onn

Accused

Procedural Posture

Criminal / Appeal Decision

Legal Issues

  1. 1 Whether the prosecution proved the elements of section 377CA Kanun Keseksaan
  2. 2 Whether a prima facie case was established at the close of prosecution case
  3. 3 Admissibility and credibility of child witnesses and competency under section 133A Evidence Act 1950

Ratio Decidendi

The prosecution proved beyond reasonable doubt the elements of section 377CA through consistent and corroborated testimony of the victim and sibling, supported by parents, medical reports and investigation; defence was an unsupported afterthought and failed to raise reasonable doubt, therefore conviction under section 377CA is justified.

Court Disposition

Appeal dismissed; accused convicted under section 377CA Kanun Keseksaan.

Orders

  • Accused sentenced to 18 years imprisonment from date of judgment
  • Accused ordered to be whipped 8 strokes