SULAIMAN BIN KUNYI MUHAMAD

SULAIMAN BIN KUNYI MUHAMAD

The complainant’s sworn, consistent and credible testimony that the accused licked her genitalia and touched her breasts, corroborated by supporting witness evidence and plausible explanation for delayed reporting, established the elements of s.14(a) AKKSTKK beyond reasonable doubt; defence explanations and alleged inconsistencies were not sufficient to create reasonable doubt or demonstrate impossibility.

Citation
PB-62JSK-16-03/2021 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Accused: SULAIMAN BIN KUNYI MUHAMAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 September 2022
Case Number
PB-62JSK-16-03/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against Child / Trial Judgment and Sentencing
Outcome
Accused found guilty and convicted of offence under s.14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017
Legal Topics
Sexual Assault on a Child, Physical Sexual Contact (s.14 Akkstkk), Credibility and Corroboration, Delay in Reporting, Alibi and Impossibility Defenses, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Sexual Assault on a Child Physical Sexual Contact (s.14 Akkstkk) Credibility and Corroboration +3 more

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Parties

PENDAKWARAYA

Prosecution

SULAIMAN BIN KUNYI MUHAMAD

Accused

Procedural Posture

Criminal Sexual Offences Against Child / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused committed physical sexual assault under s.14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017
  2. 2 Whether the prosecution proved the offence beyond reasonable doubt
  3. 3 Whether inconsistencies and delay undermine the complainant’s credibility

Ratio Decidendi

The complainant’s sworn, consistent and credible testimony that the accused licked her genitalia and touched her breasts, corroborated by supporting witness evidence and plausible explanation for delayed reporting, established the elements of s.14(a) AKKSTKK beyond reasonable doubt; defence explanations and alleged inconsistencies were not sufficient to create reasonable doubt or demonstrate impossibility.

Court Disposition

Accused found guilty and convicted of offence under s.14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017

Orders

  • Sentenced to 5 years imprisonment commencing from date of conviction (19 September 2022)
  • Subject to 1 year police supervision upon release pursuant to s.27(1) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017