JENKINS RICHARD MAXWELL

JENKINS RICHARD MAXWELL

The court found the prosecution proved beyond reasonable doubt the essential elements of s14(a) read with s16 SOACA (sexual touching by a person in relationship of trust) and s376(3) Penal Code (penetrative sexual intercourse with a girl under 16 where marriage prohibited) based on credible, consistent testimony of child victims corroborated by medical evidence and other witnesses; amendments to charges were lawful and non‑prejudicial; defence consisted of uncorroborated denials and afterthoughts which failed to raise reasonable doubt, therefore conviction follows.

Citation
BC-62JSK-114-08/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Jenkins Richard Maxwell
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
BC-62JSK-114-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against Children and Rape / Judgment (conviction and Sentencing)
Outcome
Accused convicted and sentenced
Legal Topics
Rape, Sexual Assault (touching), Sexual Offences Against Children Act 2017, Penal Code S376(3), Amendment of Charges (cr PC S158), Preliminary Inquiry and Competence of Child Witness, Child Testimony Admissibility, Relationship of Trust, Medical Corroboration, Credibility and Afterthought Defence
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Rape Sexual Assault (touching) Sexual Offences Against Children Act 2017 +7 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 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Jenkins Richard Maxwell

Accused

Procedural Posture

Criminal Sexual Offences Against Children and Rape / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution established a prima facie case on amended charges
  2. 2 Whether amendment of charges under CrPC s158 was lawful and non‑prejudicial
  3. 3 Whether statements/evidence of child witnesses were admissible and competent under SOACA

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt the essential elements of s14(a) read with s16 SOACA (sexual touching by a person in relationship of trust) and s376(3) Penal Code (penetrative sexual intercourse with a girl under 16 where marriage prohibited) based on credible, consistent testimony of child victims corroborated by medical evidence and other witnesses; amendments to charges were lawful and non‑prejudicial; defence consisted of uncorroborated denials and afterthoughts which failed to raise reasonable doubt, therefore conviction follows.

Court Disposition

Accused convicted and sentenced

Orders

  • Case BC-62JSK-114-08/2022: Charge 1 (amended) - 6 years imprisonment from date of arrest
  • Case BC-62JSK-114-08/2022: Charge 2 (amended) - 10 years imprisonment from date of arrest and 10 strokes of the cane