YONG COHAN

YONG COHAN

The High Court upheld the trial judge's factual findings that the prosecution proved all elements beyond reasonable doubt: the victim was a child, the accused touched the victim's genitals for sexual purposes, and the accused had a trust relationship as tutor; the child witness was credible and corroborated; defence failed to raise reasonable doubt; therefore conviction and the mandatory sentence imposed by the Sessions Court were affirmed.

Citation
RA-42JSKS-5-09/2022 (Mahkamah Tinggi)
Parties
Appellant/accused: YONG COHAN; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 May 2023
Case Number
RA-42JSKS-5-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Hearing and Judgment on Appeal to High Court
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Sexual Offences Against Children Act 2017, Credibility of Child Witness, Prima Facie and Beyond Reasonable Doubt, Mandatory Sentencing and Corporal Punishment
Source Language
Malay/English
Criminal Law Child Sexual Offences Evidence Law Sentencing Law Sexual Offences Against Children Act 2017 Credibility of Child Witness Prima Facie and Beyond Reasonable Doubt Mandatory Sentencing and Corporal Punishment

Case Brief

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Parties

YONG COHAN

Appellant/accused

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Hearing and Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether prosecution proved prima facie each element of the charge (victim was a child; accused touched victim's genitals; touching was for sexual purpose; accused had trust relationship)
  2. 2 Whether defence raised reasonable doubt at end of defence case
  3. 3 Whether prosecution proved guilt beyond reasonable doubt at trial conclusion

Ratio Decidendi

The High Court upheld the trial judge's factual findings that the prosecution proved all elements beyond reasonable doubt: the victim was a child, the accused touched the victim's genitals for sexual purposes, and the accused had a trust relationship as tutor; the child witness was credible and corroborated; defence failed to raise reasonable doubt; therefore conviction and the mandatory sentence imposed by the Sessions Court were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed; conviction by Sessions Court affirmed and sentence of imprisonment for 10 years from 29/08/2022 and 3 strokes of the rotan, order for rehabilitation counselling during incarceration and police supervision for 2 years post-release under ss26 and 27 Akta 792 affirmed