IBRAHIM BIN SHAHARI

IBRAHIM BIN SHAHARI

The conviction is safe because the complainant gave clear, consistent, credible first‑hand evidence of deliberate chest contact corroborated by independent eyewitness SP3; the trial court's credibility findings were entitled to deference; the sentence of six months imprisonment and RM2,000 fine fell within the proper exercise of judicial discretion and is affirmed.

Citation
AA-41S(A)-7-12/2023 (Mahkamah Tinggi)
Parties
Appellant: Ibrahim bin Shahari; Respondent: Public Prosecutor; Appellant: Public Prosecutor; Respondent: Ibrahim bin Shahari
Court
A
Jurisdiction
Malaysia
Judgment Date
20 March 2025
Case Number
AA-41S(A)-7-12/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Final Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross‑appeal dismissed; conviction and sentence affirmed.
Legal Topics
Assault/outraging Modesty (section 354 Penal Code), Credibility and Corroboration, Appellate Review of Conviction Safety, Sentencing Discretion
Source Language
Malay/English
Criminal Law Evidence Sentencing Procedure Assault/outraging Modesty (section 354 Penal Code) Credibility and Corroboration Appellate Review of Conviction Safety Sentencing Discretion

Case Brief

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Parties

Ibrahim bin Shahari

Appellant

Public Prosecutor

Respondent

Public Prosecutor

Appellant

Ibrahim bin Shahari

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the conviction under Section 354 is safe based on complainant and eyewitness testimony
  2. 2 Whether independent corroboration was required
  3. 3 Whether contact was accidental due to a crowded elevator

Ratio Decidendi

The conviction is safe because the complainant gave clear, consistent, credible first‑hand evidence of deliberate chest contact corroborated by independent eyewitness SP3; the trial court's credibility findings were entitled to deference; the sentence of six months imprisonment and RM2,000 fine fell within the proper exercise of judicial discretion and is affirmed.

Court Disposition

Appeal dismissed; cross‑appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed
  • Cross‑appeal dismissed