ONG MUI SIA

ONG MUI SIA

The appeal is dismissed because the indictment adequately alleged rape under s376(1) despite referencing the definitional provision; any omission in particulars was curable under s156 and s422 CPC; the trial judge's evaluation of credibility, demeanour and medical evidence was reasonable and not plainly wrong; therefore conviction and sentence are safe and should be upheld.

Citation
KA-42JSKS-2-04/2025 (Mahkamah Tinggi)
Parties
Perayu / Appellant: Ong Mui Sia; Responden / Prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2025
Case Number
KA-42JSKS-2-04/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Decision (high Court)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape, Child Sexual Offences, Charge Particulars, Credibility of Witnesses, Curable Defects (s156/s422 Cpc), Sentencing Principles
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Criminal Procedure Rape Child Sexual Offences Charge Particulars Credibility of Witnesses +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ong Mui Sia

Perayu / Appellant

Pendakwa Raya

Responden / Prosecution

Procedural Posture

Criminal Appeal / Appeal Decision (high Court)

Legal Issues

  1. 1 Whether the indictment/charge was fatally defective for using a definition section and lacking a specific date
  2. 2 Whether contradictions between witnesses (SP1 and SP2) and between SP1 and her police report (P1) required rejection of prosecution case under s91 Evidence Act
  3. 3 Whether trial judge's factual findings and assessment of credibility were plainly wrong such that appellate intervention was required

Ratio Decidendi

The appeal is dismissed because the indictment adequately alleged rape under s376(1) despite referencing the definitional provision; any omission in particulars was curable under s156 and s422 CPC; the trial judge's evaluation of credibility, demeanour and medical evidence was reasonable and not plainly wrong; therefore conviction and sentence are safe and should be upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Rayuan ditolak (Appeal dismissed)
  • Sabitan atas pertuduhan merogol di bawah subseksyen 376(1) Akta 574 disahkan (Conviction under s376(1) Akta 574 affirmed)