MOHAMAD ABU AKKAS

MOHAMAD ABU AKKAS

The court accepted the child victim's direct sensory testimony (per tactile perception) as credible, corroborated by sibling and parent testimony and medical findings of perianal erythema and fissure consistent with external penetration; the recorded statement D14 was found voluntary and admissible and the defence explanations were rejected as afterthoughts; accordingly the prosecution proved all elements of s.14(d) Akta 792 beyond reasonable doubt and conviction and sentencing followed.

Citation
JA-62JSK-6-01/2020 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused (orang Kena Tuduh): Mohamad Abu Akkas
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
JA-62JSK-6-01/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal – Sexual Offence Against a Child (akta 792) / Conviction and Sentencing in Sessions Court; Appeal Filed to High Court
Outcome
Accused found guilty under s.14(d) Akta 792; sentenced to 8 years' imprisonment and 5 strokes of the rotan; to undergo rehabilitation counselling under s.26 Akta 792; appeal filed to the High Court.
Legal Topics
Section 14(d) Akta 792 – Physical Sexual Assault on a Child, Prima Facie Test and Burden at Close of Prosecution, Admissibility and Weight of Recorded Statement Under S.112 KPJ, Competency and Evidence of Child Witness (s.133 a Evidence Act), Medical/forensic Corroboration, Sentencing Principles and Public Interest
Source Language
Malay/English
Criminal Law Child Protection Sexual Offences Evidence Law Section 14(d) Akta 792 – Physical Sexual Assault on a Child Prima Facie Test and Burden at Close of Prosecution Admissibility and Weight of Recorded Statement Under S.112 KPJ Competency and Evidence of Child Witness (s.133 a Evidence Act) +2 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Mohamad Abu Akkas

Accused (orang Kena Tuduh)

Procedural Posture

Criminal – Sexual Offence Against a Child (akta 792) / Conviction and Sentencing in Sessions Court; Appeal Filed to High Court

Legal Issues

  1. 1 Whether prosecution proved all elements of s.14(d) Akta 792 (victim is a child; physical contact without intercourse; contact was sexual) beyond reasonable doubt
  2. 2 Whether the child victim's direct testimony was credible and admissible
  3. 3 Whether medical report and witness testimony provided sufficient corroboration

Ratio Decidendi

The court accepted the child victim's direct sensory testimony (per tactile perception) as credible, corroborated by sibling and parent testimony and medical findings of perianal erythema and fissure consistent with external penetration; the recorded statement D14 was found voluntary and admissible and the defence explanations were rejected as afterthoughts; accordingly the prosecution proved all elements of s.14(d) Akta 792 beyond reasonable doubt and conviction and sentencing followed.

Court Disposition

Accused found guilty under s.14(d) Akta 792; sentenced to 8 years' imprisonment and 5 strokes of the rotan; to undergo rehabilitation counselling under s.26 Akta 792; appeal filed to the High Court.

Orders

  • Convicted under Section 14(d) Akta 792
  • Sentenced to 8 years imprisonment from date of conviction