SERIN BIN SINGGAM

SERIN BIN SINGGAM

The prosecution proved all elements of Section 14(a) Sexual Offences Against Children Act 2017: sexual physical contact with a child, absence of penetration, and victim was a child; the child victim consistently and confidently identified the accused, the mother corroborated the account, and the accused’s alibi and late documentary evidence failed to raise a reasonable doubt; therefore the accused is guilty.

Citation
BC-62JSK-48-07/2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: Serin bin Singgam
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 February 2025
Case Number
BC-62JSK-48-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Against Conviction and Sentence (post Conviction)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Sexual Assault (molestation), Alibi, Identification of Child Witness, Corroboration, Burden of Proof Beyond Reasonable Doubt, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sexual Assault (molestation) Alibi Identification of Child Witness Corroboration +2 more

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Parties

PENDAKWA RAYA

Prosecution

Serin bin Singgam

Accused

Procedural Posture

Criminal / Appeal Against Conviction and Sentence (post Conviction)

Legal Issues

  1. 1 Whether prosecution proved offence under Section 14(a) Sexual Offences Against Children Act 2017 beyond reasonable doubt
  2. 2 Reliability and sufficiency of identification by an 8-year-old victim
  3. 3 Whether absence of specific date in charge prejudices accused

Ratio Decidendi

The prosecution proved all elements of Section 14(a) Sexual Offences Against Children Act 2017: sexual physical contact with a child, absence of penetration, and victim was a child; the child victim consistently and confidently identified the accused, the mother corroborated the account, and the accused’s alibi and late documentary evidence failed to raise a reasonable doubt; therefore the accused is guilty.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Accused convicted under Section 14(a) Sexual Offences Against Children Act 2017
  • Sentence: 6 years imprisonment commencing from 14 February 2025