Mohamad Shafie Bin Abdul Rani [ ]

Mohamad Shafie Bin Abdul Rani [ ]

The High Court dismissed the appeals and affirmed the Sessions Court because the trial judge's findings that the complainant's consistent oral testimony was credible and corroborated by medical evidence (SP3 and SP7) and witness SP6 were entitled to deference; the charges, although not specifying an exact date, were not defective given clear time/place particulars; no legal requirement for corroboration in sexual offence convictions where complainant is credible; and sentences were within judicial discretion.

Citation
AA-42JSKS(A)-1-08/2021 (Mahkamah Tinggi)
Parties
Appellant/accused: Mohamad Shafie bin Abdul Rani; Respondent/public Prosecutor: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
26 May 2022
Case Number
AA-42JSKS(A)-1-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Conviction and Sentence / High Court Appellate Decision From Sessions Court Convictions Dated 27 July 2021
Outcome
Appeals dismissed; convictions and sentences of Sessions Court (27 July 2021) upheld
Legal Topics
Carnal Intercourse Against the Order of Nature (unnatural Intercourse), Assault or Use of Criminal Force to Outrage Modesty (s.354), Relationship of Trust and Child Sexual Offences, Prima Facie Test at Close of Prosecution Case, Credibility and Corroboration of Complainant Evidence, Sentence Discretion and Consecutive Sentences
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Law Evidence Law Sentencing Law Carnal Intercourse Against the Order of Nature (unnatural Intercourse) Assault or Use of Criminal Force to Outrage Modesty (s.354) Relationship of Trust and Child Sexual Offences +3 more

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Parties

Mohamad Shafie bin Abdul Rani

Appellant/accused

Pendakwa Raya

Respondent/public Prosecutor

Procedural Posture

Criminal Appeal Against Conviction and Sentence / High Court Appellate Decision From Sessions Court Convictions Dated 27 July 2021

Legal Issues

  1. 1 Whether the Sessions Court erred in finding a prima facie case and convicting
  2. 2 Whether charges were defective for lacking specific dates
  3. 3 Whether medical evidence supported the complainant's account of anal penetration

Ratio Decidendi

The High Court dismissed the appeals and affirmed the Sessions Court because the trial judge's findings that the complainant's consistent oral testimony was credible and corroborated by medical evidence (SP3 and SP7) and witness SP6 were entitled to deference; the charges, although not specifying an exact date, were not defective given clear time/place particulars; no legal requirement for corroboration in sexual offence convictions where complainant is credible; and sentences were within judicial discretion.

Court Disposition

Appeals dismissed; convictions and sentences of Sessions Court (27 July 2021) upheld

Orders

  • Both appeals AA-42JSKS(A)-1-08/2021 and AA-42JSKS(A)-2-08/2021 are dismissed.
  • Conviction under s.377B: imprisonment 8 years from date of arrest (8 February 2019) and 2 years supervision under s.27 Child Sexual Offences Act 2017 is affirmed.