[Timbalan (TPR), Jabatan Peguam Negara] Azamuddin Bin Abdul Majid

[Timbalan (TPR), Jabatan Peguam Negara] Azamuddin Bin Abdul Majid

The prosecution proved the elements of Section 14(a) Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017 beyond reasonable doubt via the victim's consistent, credible testimony corroborated by the mother and medical officer; the defence was a mere denial and afterthought that failed to raise a reasonable doubt, therefore the accused is guilty and liable to conviction and sentence.

Citation
BC-62JSK-20-07/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Azamuddin bin Abdul Majid; Victim: Nur Erissha Aqilah binti Azmi Nassaruddin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 December 2024
Case Number
BC-62JSK-20-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against Child / End of Defence Conviction Pronounced and Sentencing
Outcome
Accused found guilty and convicted under Section 14(a) Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017
Legal Topics
Sexual Assault, Burden of Proof Beyond Reasonable Doubt, Corroboration of Evidence, Credibility of Witnesses, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sexual Assault Burden of Proof Beyond Reasonable Doubt Corroboration of Evidence Credibility of Witnesses +1 more

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Parties

Pendakwa Raya

Prosecution

Azamuddin bin Abdul Majid

Accused

Nur Erissha Aqilah binti Azmi Nassaruddin

Victim

Procedural Posture

Criminal Sexual Offences Against Child / End of Defence Conviction Pronounced and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved offence under Section 14(a) Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017 beyond reasonable doubt
  2. 2 Whether the defence at the close of its case raised a reasonable doubt sufficient to acquit
  3. 3 Assessment of credibility of the victim, medical witness and defence witnesses

Ratio Decidendi

The prosecution proved the elements of Section 14(a) Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017 beyond reasonable doubt via the victim's consistent, credible testimony corroborated by the mother and medical officer; the defence was a mere denial and afterthought that failed to raise a reasonable doubt, therefore the accused is guilty and liable to conviction and sentence.

Court Disposition

Accused found guilty and convicted under Section 14(a) Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017

Orders

  • Imprisonment for 8 years from date of order
  • Mandatory rehabilitation counselling during imprisonment under Section 26