SITI BAINUN BINTI AHD RAZALI [TIMBALAN ]

SITI BAINUN BINTI AHD RAZALI [TIMBALAN ]

Citation
WA-42S-4-05/2023 (Mahkamah Tinggi)
Parties
Appellant / Perayu: Siti Bainun binti Ahd Razali; Respondent / Prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 May 2024
Case Number
WA-42S-4-05/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Concerning Child Abuse / Neglect / Appeal Heard in High Court Against Sessions Court Conviction (determination on the Merits)
Legal Topics
Child Abuse, Neglect, Amendment of Charge, Witness Credibility, Privileged Police Statements (s.112), Recall of Witnesses, Particulars of Charge, Leading Questions to Child Witnesses
Source Language
Malay/English
Criminal Law Child Protection Law Evidence Criminal Procedure Child Abuse Neglect Amendment of Charge Witness Credibility +4 more

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Parties

Siti Bainun binti Ahd Razali

Appellant / Perayu

Pendakwa Raya

Respondent / Prosecution

Procedural Posture

Criminal Appeal Concerning Child Abuse / Neglect / Appeal Heard in High Court Against Sessions Court Conviction (determination on the Merits)

Legal Issues

  1. 1 Whether amendment of charge at close of prosecution was procedurally fatal (ss.158/159 KTJ)
  2. 2 Whether particulars/time in the charge were defective (ss.152-156,153,154 KTJ)
  3. 3 Whether accused was unfairly prejudiced by failure to ask plea after amendment (s.173(i) KTJ)