[Jabatan Peguam Negara] Afendi Bin Hassan

[Jabatan Peguam Negara] Afendi Bin Hassan

On the totality of the evidence the prosecution proved both counts under section 377C beyond reasonable doubt; the accused failed to raise a reasonable doubt because his defence amounted to bare denial, contained afterthoughts not raised during prosecution evidence, and was not credible; accordingly the accused was convicted on both counts and sentenced to five years' imprisonment on each count to run concurrently with effect from 14 April 2025.

Citation
BI-62JS-5-01/2021 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: Afendi Hassan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 April 2025
Case Number
BI-62JS-5-01/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Against Conviction and Sentence
Outcome
Convicted on both counts under section 377C Penal Code and sentenced to imprisonment
Legal Topics
Unnatural Intercourse, Burden of Proof, Reasonable Doubt, Bare Denial, Credibility of Witnesses, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Unnatural Intercourse Burden of Proof Reasonable Doubt Bare Denial Credibility of Witnesses Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecutor

Afendi Hassan

Accused

Procedural Posture

Criminal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the defence raised a reasonable doubt at the close of the defence
  2. 2 Whether the accused's testimony amounted to a bare denial and/or afterthought
  3. 3 Whether the accused as an interested witness was credible

Ratio Decidendi

On the totality of the evidence the prosecution proved both counts under section 377C beyond reasonable doubt; the accused failed to raise a reasonable doubt because his defence amounted to bare denial, contained afterthoughts not raised during prosecution evidence, and was not credible; accordingly the accused was convicted on both counts and sentenced to five years' imprisonment on each count to run concurrently with effect from 14 April 2025.

Court Disposition

Convicted on both counts under section 377C Penal Code and sentenced to imprisonment

Orders

  • Accused convicted of two counts under Section 377C Penal Code
  • Sentenced to five (5) years imprisonment for each count