JURAIMI BIN ABD KADIR

JURAIMI BIN ABD KADIR

The prosecution proved beyond reasonable doubt that the accused committed an outrage of the victim's modesty under S.354 Kanun Keseksaan: the accused intentionally grabbed the victim's buttock, the victim did not consent and showed immediate reporting and distress, the accused's testimony was unreliable and appeared contrived, and there were no special circumstances justifying suspension of the imprisonment under S.311; accordingly conviction and sentence were warranted.

Citation
BL-83JS-3-07/2019 (Mahkamah Majistret)
Parties
Accused: Juraimi bin Abd Kadir; Prosecution: Pendakwa Raya
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 May 2024
Case Number
BL-83JS-3-07/2019 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused convicted under S.354 Kanun Keseksaan and sentenced
Legal Topics
Outrage of Modesty (section 354 Penal Code), Credibility and Demeanor of Witness, Corroboration, Suspension of Sentence (section 311 Criminal Procedure Code)
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sentencing Outrage of Modesty (section 354 Penal Code) Credibility and Demeanor of Witness Corroboration Suspension of Sentence (section 311 Criminal Procedure Code)

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Parties

Juraimi bin Abd Kadir

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved the elements of offence under S.354 Penal Code beyond reasonable doubt
  2. 2 Whether the accused had the requisite intention/knowledge to outrage the victim's modesty
  3. 3 Credibility of the accused as defence witness (SD1) and assessment of demeanor

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused committed an outrage of the victim's modesty under S.354 Kanun Keseksaan: the accused intentionally grabbed the victim's buttock, the victim did not consent and showed immediate reporting and distress, the accused's testimony was unreliable and appeared contrived, and there were no special circumstances justifying suspension of the imprisonment under S.311; accordingly conviction and sentence were warranted.

Court Disposition

Accused convicted under S.354 Kanun Keseksaan and sentenced

Orders

  • Accused convicted of offence under S.354 Kanun Keseksaan
  • Sentence: Imprisonment 1 year from date of conviction (6 May 2024)