(Mahkamah Sesyen)

(Mahkamah Sesyen)

Court accepted prosecution established prima facie control by accused and called accused to make defence but, upon full maximum evaluation including defence evidence, found prosecution failed to prove the second essential ingredient that the premises were habitually used as a brothel by two or more women; seized items and one-off observations were insufficient to prove habitual prostitution beyond reasonable doubt; accused therefore acquitted.

Citation
(Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Tan Chee Chuan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 October 2021
Case Number
(Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment (end of Prosecution and Defence)
Outcome
Accused acquitted and discharged
Legal Topics
Suppression of Brothels, Prima Facie Assessment, Benefit of Doubt, Maximum Evaluation of Evidence, Search and Seizure
Source Language
Malay/English
Criminal Law Sexual Offences Human Trafficking Evidence Law Suppression of Brothels Prima Facie Assessment Benefit of Doubt Maximum Evaluation of Evidence +1 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Tan Chee Chuan

Accused

Procedural Posture

Criminal / Trial Judgment (end of Prosecution and Defence)

Legal Issues

  1. 1 Whether the accused managed or controlled the premises
  2. 2 Whether the premises constituted a brothel used habitually by two or more women
  3. 3 Whether the prosecution had made out a prima facie case at the close of its case

Ratio Decidendi

Court accepted prosecution established prima facie control by accused and called accused to make defence but, upon full maximum evaluation including defence evidence, found prosecution failed to prove the second essential ingredient that the premises were habitually used as a brothel by two or more women; seized items and one-off observations were insufficient to prove habitual prostitution beyond reasonable doubt; accused therefore acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Tan Chee Chuan is acquitted and discharged of the charge under section 373(1)(a) Penal Code (Akta 574)