PENDAKWARAYA KHALIDAH BINTI ABDUL MAJID

PENDAKWARAYA KHALIDAH BINTI ABDUL MAJID

Prosecution proved beyond reasonable doubt that the victim was a child in the accused's custody when she sustained multiple fresh blunt-force injuries; medical evidence placed injuries within 24 hours and defence explanations were inconsistent or unconvincing; accordingly the accused was guilty under s.31(1)(a) Child Act 2001 and convicted.

Citation
WA-61-2-06/2020 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Khalidah binti Abdul Majid
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
31 May 2021
Case Number
WA-61-2-06/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal (child Abuse Under Child Act 2001) / Convicted and Sentenced; Appeals Filed by Both Prosecution and Defence
Outcome
Guilty; convicted under Section 31(1)(a) Child Act 2001
Legal Topics
Neglect of Child, Section 31(1)(a) Child Act 2001, Prima Facie Assessment, Forensic Medical Evidence, Good Behaviour Bond
Source Language
Malay/English
Criminal Law Child Protection Law Procedural Law Sentencing Law Neglect of Child Section 31(1)(a) Child Act 2001 Prima Facie Assessment Forensic Medical Evidence +1 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Khalidah binti Abdul Majid

Accused

Procedural Posture

Criminal (child Abuse Under Child Act 2001) / Convicted and Sentenced; Appeals Filed by Both Prosecution and Defence

Legal Issues

  1. 1 Whether prosecution established a prima facie case at close of prosecution evidence
  2. 2 Whether accused acted negligently while having custody of the child causing physical injury
  3. 3 Appropriate sentence given seriousness and mitigating factors

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the victim was a child in the accused's custody when she sustained multiple fresh blunt-force injuries; medical evidence placed injuries within 24 hours and defence explanations were inconsistent or unconvincing; accordingly the accused was guilty under s.31(1)(a) Child Act 2001 and convicted.

Court Disposition

Guilty; convicted under Section 31(1)(a) Child Act 2001

Orders

  • Fine RM5,000.00; if unpaid, 5 months imprisonment
  • Accused to enter a good behaviour bond for 2 years with security RM1,000 and one Malaysian surety