[Polis Diraja Malaysia (PDRM)] Mohd Aman Bin Mustapa

[Polis Diraja Malaysia (PDRM)] Mohd Aman Bin Mustapa

The High Court upheld the Sessions Court conviction under s.385 because the prosecution proved that the accused, a police officer, put the complainants in fear of exposure and referral to religious authorities in order to dishonestly obtain money (RM300 paid), the trial judge's credibility assessments were not perverse, and the defence did not raise a reasonable doubt; the rape charge failed for lack of proof of penetration and insufficient corroboration. Sentence was increased from 3 to 5 years due to abuse of police powers, public interest and deterrence considerations.

Citation
AB-41H(A)-3-12/2023 (Mahkamah Tinggi)
Parties
Appellant: Mohd Aman Bin Mustapa; Respondent: Pendakwa Raya (Public Prosecutor)
Court
A
Jurisdiction
Malaysia
Judgment Date
5 June 2025
Case Number
AB-41H(A)-3-12/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Hearing and Judgment on Appeal at High Court (affirmation of Conviction and Sentence Enhancement)
Outcome
Appeal dismissed as to conviction under s.385; acquittal on s.376(2)(f) upheld; sentence enhanced from 3 years to 5 years imprisonment from date of decision.
Legal Topics
Extortion (s.385 Penal Code), Rape (s.376(2)(f) Penal Code), Appellate Review of Credibility Findings, Sentencing Principles, Admissibility of Conduct Evidence
Source Language
Malay/English
Criminal Law Evidence Police Discipline Sexual Offences Extortion (s.385 Penal Code) Rape (s.376(2)(f) Penal Code) Appellate Review of Credibility Findings Sentencing Principles +1 more

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Parties

Mohd Aman Bin Mustapa

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / Hearing and Judgment on Appeal at High Court (affirmation of Conviction and Sentence Enhancement)

Legal Issues

  1. 1 Whether prosecution proved element of 'putting person in fear' under s.385 Penal Code
  2. 2 Whether rape (s.376(2)(f)) was proved beyond reasonable doubt and required corroboration
  3. 3 Whether trial judge properly evaluated defence and applied maximum re-evaluation at defence stage

Ratio Decidendi

The High Court upheld the Sessions Court conviction under s.385 because the prosecution proved that the accused, a police officer, put the complainants in fear of exposure and referral to religious authorities in order to dishonestly obtain money (RM300 paid), the trial judge's credibility assessments were not perverse, and the defence did not raise a reasonable doubt; the rape charge failed for lack of proof of penetration and insufficient corroboration. Sentence was increased from 3 to 5 years due to abuse of police powers, public interest and deterrence considerations.

Court Disposition

Appeal dismissed as to conviction under s.385; acquittal on s.376(2)(f) upheld; sentence enhanced from 3 years to 5 years imprisonment from date of decision.

Orders

  • Conviction under s.385 Penal Code affirmed
  • Acquittal under s.376(2)(f) Penal Code affirmed