SYED FAIRUS BIN SYED A BAKAR (AZHAR)

SYED FAIRUS BIN SYED A BAKAR (AZHAR)

Applying maximum evaluation, the court found the prosecution proved the elements of s.354 beyond reasonable doubt as the complainant's consistent, contemporaneous account and supporting reports to colleagues and HR established criminal force with intent to outrage modesty; defence failed to raise reasonable doubt; therefore accused convicted and sentenced to fine RM5000 (default 4 months imprisonment).

Citation
WA-83JS-170-05/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Syed Fairus bin Syed A Bakar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 March 2023
Case Number
WA-83JS-170-05/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Sexual Offence (section 354 Penal Code) / Judgment and Sentencing (convicted)
Outcome
Accused convicted under Section 354 Penal Code; sentenced to a fine of RM5000 and in default of payment to 4 months imprisonment.
Legal Topics
Outrage of Modesty, Prima Facie Test, Credibility and Corroboration, Burden of Proof, Sentencing Mitigation
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Sentencing Outrage of Modesty Prima Facie Test Credibility and Corroboration Burden of Proof +1 more

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Parties

Pendakwa Raya

Prosecution

Syed Fairus bin Syed A Bakar

Accused

Procedural Posture

Criminal Sexual Offence (section 354 Penal Code) / Judgment and Sentencing (convicted)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.354 Penal Code
  2. 2 Whether the accused used criminal force with intent to outrage modesty
  3. 3 Whether complainant's evidence was credible without full corroboration

Ratio Decidendi

Applying maximum evaluation, the court found the prosecution proved the elements of s.354 beyond reasonable doubt as the complainant's consistent, contemporaneous account and supporting reports to colleagues and HR established criminal force with intent to outrage modesty; defence failed to raise reasonable doubt; therefore accused convicted and sentenced to fine RM5000 (default 4 months imprisonment).

Court Disposition

Accused convicted under Section 354 Penal Code; sentenced to a fine of RM5000 and in default of payment to 4 months imprisonment.

Orders

  • Convicted under Section 354 Penal Code (assault/criminal force with intent to outrage modesty).
  • Sentence: Fine RM5000; in default 4 months imprisonment.