NOR AZLAM BIN AB RAHMAN [ ]

NOR AZLAM BIN AB RAHMAN [ ]

The appellate court found the complainant was a child, was competent to give evidence, and her detailed testimony supported by a schoolmate and the mother satisfied all elements of section 14(a) AKSTK beyond reasonable doubt; inconsistencies were not material; defence of lawful religious treatment was rejected; appeal against conviction and sentence dismissed and original sentence of 8 years imprisonment plus one stroke of the cane upheld to run from 16 May 2022.

Citation
DA-42JSKS(A)-1-10/2019 (Mahkamah Tinggi)
Parties
Appellant: Nor Azlam bin Abdul Rahman; Respondent: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
16 May 2022
Case Number
DA-42JSKS(A)-1-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Sexual Touching of a Child, Competence and Admissibility of Child Witness, Corroboration Practice, Abuse of Trust by Teacher, Sentencing Principles
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Sentencing Sexual Touching of a Child Competence and Admissibility of Child Witness Corroboration Practice +2 more

Case Brief

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Parties

Nor Azlam bin Abdul Rahman

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the complainant was a child
  2. 2 Whether the appellant touched the complainant
  3. 3 Whether the touching was for a sexual purpose

Ratio Decidendi

The appellate court found the complainant was a child, was competent to give evidence, and her detailed testimony supported by a schoolmate and the mother satisfied all elements of section 14(a) AKSTK beyond reasonable doubt; inconsistencies were not material; defence of lawful religious treatment was rejected; appeal against conviction and sentence dismissed and original sentence of 8 years imprisonment plus one stroke of the cane upheld to run from 16 May 2022.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal against conviction and sentence dismissed
  • Conviction under section 14(a) AKSTK 2017 affirmed