PENDAKWARAYA Timbalan MBR

PENDAKWARAYA Timbalan MBR

Although the Sexual Offences Against Children Act permits conviction on uncorroborated child evidence, the court found SP1 was not of tender years but her testimony was materially inconsistent, vague on the crucial fact of penetration, and not corroborated by police or medical reports; therefore prosecution failed to establish a prima facie case and the accused was acquitted and discharged under Child Act s90(10).

Citation
BH84-11-02/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused (child): MBR; Complainant (victim): SP1
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 February 2020
Case Number
BH84-11-02/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Sexual Offence (rape) Involving a Child / Trial at End of Prosecution's Case (decision on Prima Facie Case)
Outcome
Accused acquitted and discharged.
Legal Topics
Rape, Penetration, Corroboration, Child Witness Credibility, Child Act 2001, Evidence Act 1950, Sexual Offences Against Children Act 2017
Source Language
Malay/English
Criminal Law Child Law Evidence Law Sexual Offences Rape Penetration Corroboration Child Witness Credibility +3 more

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Parties

Public Prosecutor

Prosecution

MBR

Accused (child)

SP1

Complainant (victim)

Procedural Posture

Criminal Sexual Offence (rape) Involving a Child / Trial at End of Prosecution's Case (decision on Prima Facie Case)

Legal Issues

  1. 1 Whether the complainant (SP1) is of tender years and whether s133A Evidence Act applies
  2. 2 Whether penetration was proved to constitute rape
  3. 3 Whether corroboration was required under Sexual Offences Against Children Act 2017 s18

Ratio Decidendi

Although the Sexual Offences Against Children Act permits conviction on uncorroborated child evidence, the court found SP1 was not of tender years but her testimony was materially inconsistent, vague on the crucial fact of penetration, and not corroborated by police or medical reports; therefore prosecution failed to establish a prima facie case and the accused was acquitted and discharged under Child Act s90(10).

Court Disposition

Accused acquitted and discharged.

Orders

  • Accused MBR acquitted and discharged under section 90(10) of the Child Act 2001.
  • No amendment of charge ordered; prosecution failed to establish a prima facie case.