Mohamad Shafie Bin Abdul Rani [TIMBALAN ]

Mohamad Shafie Bin Abdul Rani [TIMBALAN ]

Victim's consistent and detailed testimony, supported by medical findings of healed anal injuries and corroborative witness evidence, proved the elements of the offences beyond reasonable doubt; absence of a specific date in charges did not render them defective for sexual offences where time window and place were sufficiently particularized; no appreciable error in trial judge's fact-finding or sentencing exercise, therefore convictions and sentences at Sessions Court were affirmed.

Citation
AA-42JSKS(A)-2-08/2021 (Mahkamah Tinggi)
Parties
Appellant/accused: Mohamad Shafie bin Abdul Rani; Respondent: Pendakwa Raya (Public Prosecutor)
Court
A
Jurisdiction
Malaysia
Judgment Date
26 May 2022
Case Number
AA-42JSKS(A)-2-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal to High Court (judgment on Appeal)
Outcome
Both appeals dismissed; convictions and sentences of the Sessions Court dated 27 July 2021 affirmed.
Legal Topics
Anal Intercourse (377 B), Assault With Intent to Outrage Modesty (354), Prima Facie Test, Corroboration of Sexual Offence Evidence, Relationship of Trust (child Sexual Offences), Specificity of Charge (date/place), Credibility Assessment, Alibi
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Anal Intercourse (377 B) Assault With Intent to Outrage Modesty (354) Prima Facie Test +5 more

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Parties

Mohamad Shafie bin Abdul Rani

Appellant/accused

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court (judgment on Appeal)

Legal Issues

  1. 1 Whether the prosecution proved elements of carnal intercourse against the order of nature (377B) and three counts under section 354 beyond reasonable doubt
  2. 2 Whether absence of a specific date rendered the charges defective
  3. 3 Whether medical evidence corroborated the victim's account of anal penetration

Ratio Decidendi

Victim's consistent and detailed testimony, supported by medical findings of healed anal injuries and corroborative witness evidence, proved the elements of the offences beyond reasonable doubt; absence of a specific date in charges did not render them defective for sexual offences where time window and place were sufficiently particularized; no appreciable error in trial judge's fact-finding or sentencing exercise, therefore convictions and sentences at Sessions Court were affirmed.

Court Disposition

Both appeals dismissed; convictions and sentences of the Sessions Court dated 27 July 2021 affirmed.

Orders

  • Both appeals dismissed
  • Convictions and sentences imposed by the Sessions Court on 27 July 2021 are affirmed