[ ] MOHAMAD ASHRAF BIN RAMLAN

[ ] MOHAMAD ASHRAF BIN RAMLAN

The High Court found that the Sessions Judge's reliance on the complainant's (SP2) evidence to establish a prima facie case was unsustainable because material inconsistencies with investigative findings and other witnesses, absence of forensic corroboration and admissions of falsehood in the police report substantially impaired SP2's credibility; consequently there was no proper basis to call the accused to enter his defence and the prosecution's appeal is dismissed.

Citation
CA-42LB(A)-1-07/2019 (Mahkamah Tinggi)
Parties
Appellant/perayu: Pendakwa Raya; Respondent/respondent: Mohamad Ashraf bin Ramlan
Court
A
Jurisdiction
Malaysia
Judgment Date
7 November 2022
Case Number
CA-42LB(A)-1-07/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (charge Under S.376 Penal Code) / High Court Appeal Against Sessions Court Discharge Following Prior High Court and Court of Appeal Proceedings
Outcome
Appeal by the Public Prosecutor dismissed
Legal Topics
Prima Facie, Credibility and Impeachment of Witness, Corroboration in Sexual Offences, Consent (s.90 Penal Code), Appellate Intervention, Calling Accused to Enter Defence (s.173 Kpj)
Source Language
Malay/English
Criminal Law Evidence Sexual Offences Criminal Procedure Appeal Prima Facie Credibility and Impeachment of Witness Corroboration in Sexual Offences +3 more

Case Brief

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Parties

Pendakwa Raya

Appellant/perayu

Mohamad Ashraf bin Ramlan

Respondent/respondent

Procedural Posture

Criminal Appeal (charge Under S.376 Penal Code) / High Court Appeal Against Sessions Court Discharge Following Prior High Court and Court of Appeal Proceedings

Legal Issues

  1. 1 Whether the Sessions Judge was correct to find a prima facie case against the accused based principally on the complainant's (SP2) evidence
  2. 2 Whether the High Court should intervene in the Sessions Judge's findings of fact and law
  3. 3 Whether the Sessions Judge was entitled to reassess and ultimately reject SP2's evidence at the close of the defence

Ratio Decidendi

The High Court found that the Sessions Judge's reliance on the complainant's (SP2) evidence to establish a prima facie case was unsustainable because material inconsistencies with investigative findings and other witnesses, absence of forensic corroboration and admissions of falsehood in the police report substantially impaired SP2's credibility; consequently there was no proper basis to call the accused to enter his defence and the prosecution's appeal is dismissed.

Court Disposition

Appeal by the Public Prosecutor dismissed

Orders

  • Appeal dismissed
  • Sessions Court acquittal and discharge of the respondent maintained