Muhammad Rasyid bin Abidin Pendakwaraya

Muhammad Rasyid bin Abidin Pendakwaraya

Conviction was upheld because the trial judge's factual findings that there was no consent were supported by the victim's immediate post‑event conduct and statements, medical evidence of fresh injury, corroborative testimony and absence of credible evidence of consent; the appellate court found no basis to overturn those factual findings and upheld the sentence as appropriate.

Citation
PA-42S-5-04/2017 (Mahkamah Tinggi)
Parties
Appellant/accused: Muhammad Rasyid bin Abidin; Respondent/prosecutor: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 October 2019
Case Number
PA-42S-5-04/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal From Sessions Court (rape) / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Rape, Consent, Corroboration, Victim Conduct, Medical Evidence, Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Sentencing Rape Consent Corroboration Victim Conduct +2 more

Case Brief

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Parties

Muhammad Rasyid bin Abidin

Appellant/accused

Public Prosecutor

Respondent/prosecutor

Procedural Posture

Criminal Appeal From Sessions Court (rape) / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the sexual intercourse was consensual
  2. 2 Whether the trial judge's factual findings were plainly wrong on appeal
  3. 3 Admissibility and weight of the victim's immediate post‑event statements and conduct as corroboration

Ratio Decidendi

Conviction was upheld because the trial judge's factual findings that there was no consent were supported by the victim's immediate post‑event conduct and statements, medical evidence of fresh injury, corroborative testimony and absence of credible evidence of consent; the appellate court found no basis to overturn those factual findings and upheld the sentence as appropriate.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal dismissed.
  • Conviction for rape affirmed.