HARUN BIN DAHMAN

HARUN BIN DAHMAN

The High Court allowed the appeal and set aside the Sessions Court conviction because the prosecution failed to make out a prima facie case at the close of its case: material contradictions in the key child witness and other prosecution witness undermined credibility, and the prosecution's failure to produce a material exhibit (the sarong) required consideration under section 114(g) Evidence Act; on a maximum evaluation the defence had raised reasonable doubt and the accused should have been acquitted without being called to enter his defence.

Citation
RA-42JSKS-1-11/2020 (Mahkamah Tinggi)
Parties
Perayu/appellant: Harun bin Dahman; Respondent/prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 February 2022
Case Number
RA-42JSKS-1-11/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences Against a Child) / Appeal to High Court Against Conviction and Sentence of Sessions Court
Outcome
Appeal allowed; conviction and sentence quashed; appellant acquitted and discharged
Legal Topics
Prima Facie Case, Burden of Proof at Close of Prosecution (s180 Cpc), Credibility of Child Witnesses, Adverse Inference (s114(g) Evidence Act), Acquittal and Safety of Conviction, Failure to Produce Material Exhibit
Source Language
Malay/English
Criminal Law Evidence Sexual Offences Child Protection Criminal Procedure Prima Facie Case Burden of Proof at Close of Prosecution (s180 Cpc) Credibility of Child Witnesses +3 more

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Parties

Harun bin Dahman

Perayu/appellant

Pendakwa Raya

Respondent/prosecutor

Procedural Posture

Criminal Appeal (sexual Offences Against a Child) / Appeal to High Court Against Conviction and Sentence of Sessions Court

Legal Issues

  1. 1 Whether the prosecution adduced a prima facie case at the close of its case under section 180 Kanun Tatacara Jenayah
  2. 2 Whether the accused should have been called to enter his defence
  3. 3 Whether the conviction and sentence imposed by the Sessions Court were safe and lawful

Ratio Decidendi

The High Court allowed the appeal and set aside the Sessions Court conviction because the prosecution failed to make out a prima facie case at the close of its case: material contradictions in the key child witness and other prosecution witness undermined credibility, and the prosecution's failure to produce a material exhibit (the sarong) required consideration under section 114(g) Evidence Act; on a maximum evaluation the defence had raised reasonable doubt and the accused should have been acquitted without being called to enter his defence.

Court Disposition

Appeal allowed; conviction and sentence quashed; appellant acquitted and discharged

Orders

  • Conviction and sentence of the Sessions Court dated 6/11/2020 set aside
  • Appellant Harun bin Dahman is acquitted and discharged from the charge under section 14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017