SAFRI BIN ABDUL GHANI

SAFRI BIN ABDUL GHANI

The High Court affirmed the trial judge's factual findings: the complainant's consistent in-court and CIC testimony, corroborated by medical evidence of hymenal tears consistent with penetration, satisfied the element of penetration beyond reasonable doubt; the trial judge properly assessed credibility and...

Source-derived case information.

Citation
WA-42JSKS-04-05/2019 & WA-42JSKH-9-05/2019 (Mahkamah Tinggi)
Parties
Appellant/accused: Safri bin Abdul Ghani; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 July 2020
Case Number
WA-42JSKS-04-05/2019 & WA-42JSKH-9-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (conviction and Sentence) / High Court Appellate Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed; prosecution cross-appeal against sentence dismissed
Legal Topics
Rape (s376(2)(d) Kanun Keseksaan), Sexual Assault Against Child (s14(d) KSTK 2017), Child Witness Competency and Credibility, Hearsay and Supportive Evidence, Particulars of Charge, Appellate Review of Findings of Fact, Sentencing and Concurrent Sentences
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Law Rape (s376(2)(d) Kanun Keseksaan) Sexual Assault Against Child (s14(d) KSTK 2017) Child Witness Competency and Credibility +4 more

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Parties

Safri bin Abdul Ghani

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal (conviction and Sentence) / High Court Appellate Judgment

Legal Issues

  1. 1 Whether penetration (an element of rape) was proved
  2. 2 Credibility and reliability of the child complainant as a witness
  3. 3 Admissibility and role of hearsay/supportive evidence (teacher/counselor SP8)

Ratio Decidendi

The High Court affirmed the trial judge's factual findings: the complainant's consistent in-court and CIC testimony, corroborated by medical evidence of hymenal tears consistent with penetration, satisfied the element of penetration beyond reasonable doubt; the trial judge properly assessed credibility and admissibility of supportive hearsay; there was no prejudice from imprecise date; defence failed to raise reasonable doubt; therefore convictions and sentences were upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed; prosecution cross-appeal against sentence dismissed

Orders

  • Conviction for offence under s376(2)(d) Kanun Keseksaan upheld
  • Sentence for s376(2)(d) Kanun Keseksaan: 15 years imprisonment from date of arrest (17.11.2017) and 4 strokes of the rotan upheld