MOHAMAD GHAZALI B CHE MUSTAFFA

MOHAMAD GHAZALI B CHE MUSTAFFA

Court convicted the accused because prosecution proved all essential elements of Section 376(1): victim under sixteen, penetration, and absence of consent; medical findings of fresh hymenal tears and abrasions and DNA matches on victim and relevant items corroborated witness testimony; accused's inconsistent statements and conduct undermined his defence; on full consideration of evidence at close of defence the prosecution proved guilt beyond reasonable doubt.

Citation
DI-62JSK-5-04/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohamad Ghazali b Che Mustaffa
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 December 2024
Case Number
DI-62JSK-5-04/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (rape Under Section 376(1) Kanun Keseksaan) / Trial Judgment and Sentencing (sessions Court)
Outcome
Accused convicted under Section 376(1) Kanun Keseksaan and sentenced
Legal Topics
Rape, Sexual Offences Against Minors, Burden of Proof, DNA and Forensic Evidence, Credibility and Subsequent Conduct, Principle of Totality in Sentencing
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Law Sexual Offences Law Rape Sexual Offences Against Minors Burden of Proof DNA and Forensic Evidence +2 more

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Parties

Pendakwa Raya

Prosecution

Mohamad Ghazali b Che Mustaffa

Defendant

Procedural Posture

Criminal (rape Under Section 376(1) Kanun Keseksaan) / Trial Judgment and Sentencing (sessions Court)

Legal Issues

  1. 1 Whether the prosecution proved the offence under Section 376(1) beyond reasonable doubt
  2. 2 Whether consent is relevant where the victim is under sixteen years
  3. 3 Admissibility and weight of medical and DNA evidence in corroborating victim testimony

Ratio Decidendi

Court convicted the accused because prosecution proved all essential elements of Section 376(1): victim under sixteen, penetration, and absence of consent; medical findings of fresh hymenal tears and abrasions and DNA matches on victim and relevant items corroborated witness testimony; accused's inconsistent statements and conduct undermined his defence; on full consideration of evidence at close of defence the prosecution proved guilt beyond reasonable doubt.

Court Disposition

Accused convicted under Section 376(1) Kanun Keseksaan and sentenced

Orders

  • Accused Mohamad Ghazali b Che Mustaffa convicted under Section 376(1) Kanun Keseksaan
  • Sentenced to 12 years imprisonment and 5 strokes of the cane from date of conviction