PENDAKWARAYA Muhammad Zakwan bin Zainuddin dan 3 orang lagi

PENDAKWARAYA Muhammad Zakwan bin Zainuddin dan 3 orang lagi

Appeal dismissed because the trial judge properly found the victim credible and competent, her identification of the four appellants was reliable and supported by medical and corroborative evidence, the indictment was legally sufficient under s152 and s375(g) (consent immaterial for under-16), s112 statements validly impeached defence witnesses SD5 and SD6, ID parade was fairly conducted, and sentences (including juvenile disposition under the Child Act) were within statutory limits and properly applied.

Citation
AB-42S-18/11/2018; AB-42H-23-11/2018; AB-42S-20/11/2018;AB-42S-1-01/2019 (Mahkamah Tinggi)
Parties
Appellant: Muhammad Zakwan bin Zainuddin; Appellant: Muhammad Muzaffar bin Taharin; Appellant: Syed Ismail Arif bin Sayed Suhaimi; Appellant: Aiman bin Aminuddin; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 August 2019
Case Number
AB-42S-18/11/2018; AB-42H-23-11/2018; AB-42S-20/11/2018;AB-42S-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rape) / High Court Judgment on Appeal
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Rape, Statutory Rape, Identification Parade, Child Witness Competency, Impeachment Under S112 CPC, Bad Character Evidence S146 a, Sentencing Principles
Source Language
Malay/English
Criminal Law Child Law Evidence Law Rape Statutory Rape Identification Parade Child Witness Competency Impeachment Under S112 CPC +2 more

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Parties

Muhammad Zakwan bin Zainuddin

Appellant

Muhammad Muzaffar bin Taharin

Appellant

Syed Ismail Arif bin Sayed Suhaimi

Appellant

Aiman bin Aminuddin

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (rape) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the indictment was defective for not specifying consent when victim was under 16
  2. 2 Admissibility of alleged bad character material (WeChat screenshots) under s146A Evidence Act
  3. 3 Competency and need (or not) for corroboration of child witness evidence

Ratio Decidendi

Appeal dismissed because the trial judge properly found the victim credible and competent, her identification of the four appellants was reliable and supported by medical and corroborative evidence, the indictment was legally sufficient under s152 and s375(g) (consent immaterial for under-16), s112 statements validly impeached defence witnesses SD5 and SD6, ID parade was fairly conducted, and sentences (including juvenile disposition under the Child Act) were within statutory limits and properly applied.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Appeal dismissed pursuant to section 316 CPC
  • Convictions of first, second and third appellants affirmed under section 376(1) Penal Code