FIRDAUS AZZAMUDDIN BIN ARIFIN

FIRDAUS AZZAMUDDIN BIN ARIFIN

Applying established prima facie and beyond reasonable doubt tests the court found the victim's sworn evidence credible and sufficient to prove penetration and that she was under sixteen; medical and maternal corroboration supported the prosecution; defence was limited to bare denial and failed to call key witness Boy; therefore prosecution proved all elements of rape under section 376(1) Penal Code and conviction follows; sentencing weighed deterrence, denunciation and public interest over personal mitigation.

Citation
BK – S2 – 62JSK – 06 – 04/ 2019 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Firdaus Azzamuddin bin Arifin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
BK – S2 – 62JSK – 06 – 04/ 2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape / Trial Concluded; Convicted and Sentenced (appeal Pending)
Outcome
Guilty; convicted under section 376(1) Penal Code (rape)
Legal Topics
Rape, Child Sexual Abuse, Burden of Proof, Corroboration in Sexual Offences, Medical Evidence, Sentencing and Mitigation, Suspension of Sentence Pending Appeal
Source Language
Malay/English
Criminal Law Evidence Family and Child Protection Law Rape Child Sexual Abuse Burden of Proof Corroboration in Sexual Offences Medical Evidence +2 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Firdaus Azzamuddin bin Arifin

Accused

Procedural Posture

Criminal Rape / Trial Concluded; Convicted and Sentenced (appeal Pending)

Legal Issues

  1. 1 Whether prosecution proved penetration required for rape
  2. 2 Whether victim was under sixteen at time of offence
  3. 3 Credibility of the complainant and need for corroboration

Ratio Decidendi

Applying established prima facie and beyond reasonable doubt tests the court found the victim's sworn evidence credible and sufficient to prove penetration and that she was under sixteen; medical and maternal corroboration supported the prosecution; defence was limited to bare denial and failed to call key witness Boy; therefore prosecution proved all elements of rape under section 376(1) Penal Code and conviction follows; sentencing weighed deterrence, denunciation and public interest over personal mitigation.

Court Disposition

Guilty; convicted under section 376(1) Penal Code (rape)

Orders

  • Imprisonment for 12 years to run from date of conviction
  • Five strokes of the rotan (whipping)