PENDAKWARAYA Tn. Muhammad Fadzlan bin Mohd Noor together with Tn. Aaron Abhilash Paul Chelliah, Tn. Aliff Asraf bin Anuar Sharuddin, Tn. Low Qin Hui, Pn. Syazwani and Pn. Rohaiza binti Abd Rahman En. Syahredzan Johan together with En. Louis

PENDAKWARAYA Tn. Muhammad Fadzlan bin Mohd Noor together with Tn. Aaron Abhilash Paul Chelliah, Tn. Aliff Asraf bin Anuar Sharuddin, Tn. Low Qin Hui, Pn. Syazwani and Pn. Rohaiza binti Abd Rahman En. Syahredzan Johan together with En. Louis

Digital forensics, service provider records, physical documentary evidence (notebook with credentials) and the accused's admissions proved ownership and publication of content; expert terrorism evidence established the content amounted to support for ISIS and five IS‑linked images; statements admissible under s18A SOSMA; defence failed to prove on balance of probabilities that accused was legally insane under s84 (cognitive faculties intact and aware of postings); statutory presumptions not rebutted; conviction on both counts followed and concurrent sentences imposed.

Citation
WA-45SO-10-03/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Abu Hasan Chan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 July 2020
Case Number
WA-45SO-10-03/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused convicted on both charges
Legal Topics
Section 130 J Penal Code, Section 130 JB Penal Code, Section 18 a SOSMA, Section 114 a Evidence Act, Section 84 Penal Code (insanity), Presumption of Publication, Admissibility of Statements, Sentencing Principles
Source Language
Malay/English
Criminal Law Terrorism Law Evidence Mental Health and Criminal Responsibility Communications and Digital Forensics Section 130 J Penal Code Section 130 JB Penal Code Section 18 a SOSMA +5 more

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Parties

Public Prosecutor

Prosecutor

Abu Hasan Chan

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether prosecution proved ownership of Facebook account and publication
  2. 2 Whether postings amounted to giving support to ISIS under s130J
  3. 3 Whether accused possessed IS‑linked items under s130JB

Ratio Decidendi

Digital forensics, service provider records, physical documentary evidence (notebook with credentials) and the accused's admissions proved ownership and publication of content; expert terrorism evidence established the content amounted to support for ISIS and five IS‑linked images; statements admissible under s18A SOSMA; defence failed to prove on balance of probabilities that accused was legally insane under s84 (cognitive faculties intact and aware of postings); statutory presumptions not rebutted; conviction on both counts followed and concurrent sentences imposed.

Court Disposition

Accused convicted on both charges

Orders

  • Convicted under s130J(1)(a) and s130JB(1)(a) Penal Code
  • Sentence: 6 years imprisonment for first charge from date of arrest (11.8.2017)