SHAHMELY BIN MOHAMAD

SHAHMELY BIN MOHAMAD

The court convicted because the complainant's sworn testimony was credible and consistent, corroborated by contemporaneous statements, family witnesses and investigative exhibits; the defence alibi was held to be an afterthought, insufficiently supported and not credible; on maximum evaluation the prosecution proved the elements of s.14(a) (sexual touching of a child) and the additional punishment under s.16(1) beyond reasonable doubt, warranting the imposed custodial sentence and ancillary orders.

Citation
JD-62JSK-22-12/2021 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: SHAHMELY BIN MOHAMAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 May 2023
Case Number
JD-62JSK-22-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Involving a Child / Judgment on Conviction and Sentencing (trial Concluded)
Outcome
Accused convicted and sentenced
Legal Topics
Physical Sexual Assault on a Child, Identification and Credibility of Child Witness, Prima Facie and Burden of Proof, Alibi and Notice Requirements, Sentencing Principles and Public Deterrence
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Child Protection Physical Sexual Assault on a Child Identification and Credibility of Child Witness Prima Facie and Burden of Proof Alibi and Notice Requirements +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

SHAHMELY BIN MOHAMAD

Accused

Procedural Posture

Criminal Sexual Offences Involving a Child / Judgment on Conviction and Sentencing (trial Concluded)

Legal Issues

  1. 1 Whether prosecution proved offence under s.14(a) Akta 792 read with s.16(1) beyond reasonable doubt
  2. 2 Admissibility and weight of testimony of a child witness and supporting statements
  3. 3 Whether defence alibi was credible or an afterthought and consequence of non-compliance with notice requirements

Ratio Decidendi

The court convicted because the complainant's sworn testimony was credible and consistent, corroborated by contemporaneous statements, family witnesses and investigative exhibits; the defence alibi was held to be an afterthought, insufficiently supported and not credible; on maximum evaluation the prosecution proved the elements of s.14(a) (sexual touching of a child) and the additional punishment under s.16(1) beyond reasonable doubt, warranting the imposed custodial sentence and ancillary orders.

Court Disposition

Accused convicted and sentenced

Orders

  • Accused convicted under s.14(a) Akta Kesalahan Seksual Terhadap Kanak-kanak 2017 read with s.16(1) (additional sentence)
  • Imprisonment: 15 years as principal sentence