1. ) MOHD ZULHUSNI BIN SHOEB 2. ) Nurluqman Hanif Bin Norhisam 3. ) Muhammad Amer Redzuan Bin Mohd Tahir 4. ) Nurluqman Danial Bin Norhisam [ ]

1. ) MOHD ZULHUSNI BIN SHOEB 2. ) Nurluqman Hanif Bin Norhisam 3. ) Muhammad Amer Redzuan Bin Mohd Tahir 4. ) Nurluqman Danial Bin Norhisam [ ]

The High Court held the convictions and sentences were safe: SP1's evidence was credible and sufficient to establish lack of consent and a prima facie case; the trial judge's failure to spell out express findings on non-consent did not render the convictions unsafe because appellate review of the entire evidence...

Source-derived case information.

Citation
BA-42S-2-01/2020 (Mahkamah Tinggi)
Parties
Appellant: MOHD ZULHUSNI BIN SHOEB; Appellant: NURLUKMAN HANIF BIN NORHISHAM; Appellant: MUHAMMAD AMER REDZUAN BIN MOHD TAHIR; Appellant: NUR LUKMAN DANIAL BIN NORHISAM; Respondent: PENDAKWA RAYA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2022
Case Number
BA-42S-2-01/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rayuan Jenayah) / Hearing and Judgment on Appeal in the High Court, Shah Alam
Outcome
Appeals dismissed; convictions and sentences upheld.
Legal Topics
Rape, Oral Sex (377 C), Consent, Non Speaking Judgment, Prima Facie, Re Evaluation of Evidence
Criminal Law Sexual Offences Evidence Appellate Review Sentencing Rape Oral Sex (377 C) Consent +3 more

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Parties

MOHD ZULHUSNI BIN SHOEB

Appellant

NURLUKMAN HANIF BIN NORHISHAM

Appellant

MUHAMMAD AMER REDZUAN BIN MOHD TAHIR

Appellant

NUR LUKMAN DANIAL BIN NORHISAM

Appellant

PENDAKWA RAYA

Respondent

Procedural Posture

Criminal Appeal (rayuan Jenayah) / Hearing and Judgment on Appeal in the High Court, Shah Alam

  1. 1 Whether the trial judge erred by failing to make specific findings on the complainant's lack of consent
  2. 2 Whether the convictions are safe and should be upheld on appeal
  3. 3 Whether an appellate court may re-evaluate evidence despite a non-speaking trial judgment

Ratio Decidendi

The High Court held the convictions and sentences were safe: SP1's evidence was credible and sufficient to establish lack of consent and a prima facie case; the trial judge's failure to spell out express findings on non-consent did not render the convictions unsafe because appellate review of the entire evidence confirmed the safety of the convictions and the sentences were appropriate and not excessive.

Court Disposition

Appeals dismissed; convictions and sentences upheld.

Orders

  • Appeals against conviction dismissed and convictions of all four appellants affirmed.
  • Sentences and caning as imposed by the Sessions Court on 2 March 2018 are affirmed: P1 imprisonment terms 16 years, 12 years and 10 years and total 4 strokes; P2 imprisonment terms 16 years, 12 years and 10 years and total 2 strokes; P3 imprisonment terms 14 years, 12 years and 10 years and total 3 strokes; P4...