Tengku Mohammad Khaireel Bin Tengku Wahab

Tengku Mohammad Khaireel Bin Tengku Wahab

The High Court upheld the convictions because the trial judge properly applied s.133A and ECWA safeguards, accepted admissible and corroborative evidence (medical, technical, investigator and video-recorded child interview), and correctly held that the victim's inconsistencies were non-material. The court found the original aggregate 8-year sentence inadequate in light of statutory objectives and sentencing precedents and increased imprisonment to 10 years while reducing corporal punishment from two to one stroke per count; sentences to run concurrently.

Citation
CA-42JSKH-1-01/2023 (Mahkamah Tinggi)
Parties
Accused/appellant: Tengku Mohammad Khaireel bin Tengku Wahab; Prosecution/respondent: Pendakwa Raya (Prosecution)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 October 2023
Case Number
CA-42JSKH-1-01/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appellate Determination on Conviction and Sentence (high Court Hearing Appeals From Sessions Court)
Outcome
Convictions on both counts upheld; appeal against conviction dismissed; Prosecution appeal against sentence allowed in part.
Legal Topics
Sexual Offences Against Children, Admissibility of Child Witness Evidence, Section 133 a Evidence Act 1950, Evidence of Child Witnesses Act 2007 (ecwa), Sentencing Principles and Appellate Increase of Sentence
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Sexual Offences Against Children Admissibility of Child Witness Evidence Section 133 a Evidence Act 1950 +2 more

Case Brief

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Parties

Tengku Mohammad Khaireel bin Tengku Wahab

Accused/appellant

Pendakwa Raya (Prosecution)

Prosecution/respondent

Procedural Posture

Criminal Appeal / Appellate Determination on Conviction and Sentence (high Court Hearing Appeals From Sessions Court)

Legal Issues

  1. 1 Whether the conviction was safe given discrepancies in the child victim's accounts
  2. 2 Whether the child witness met competence and credibility tests under s.133A Evidence Act and ECWA s.6
  3. 3 Admissibility and weight of video recorded child evidence and accompanying certificates under ECWA

Ratio Decidendi

The High Court upheld the convictions because the trial judge properly applied s.133A and ECWA safeguards, accepted admissible and corroborative evidence (medical, technical, investigator and video-recorded child interview), and correctly held that the victim's inconsistencies were non-material. The court found the original aggregate 8-year sentence inadequate in light of statutory objectives and sentencing precedents and increased imprisonment to 10 years while reducing corporal punishment from two to one stroke per count; sentences to run concurrently.

Court Disposition

Convictions on both counts upheld; appeal against conviction dismissed; Prosecution appeal against sentence allowed in part.

Orders

  • Convictions for two counts under Section 14(a) and 14(b) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017 are affirmed.
  • Original sentence of 8 years imprisonment on each count (to run concurrently) is varied to 10 years imprisonment on each count, sentences to run concurrently from date of conviction.