MOHD HAMIZAN BIN NAWAI

MOHD HAMIZAN BIN NAWAI

The court accepted the complainant's detailed and consistent testimony and supporting evidence as establishing the elements of offences under Sections 14(a) and 16 Akta 792 beyond reasonable doubt; material inconsistencies raised by defence were insufficient to create reasonable doubt, so the accused was convicted on all counts and sentenced accordingly.

Citation
AC-61JSK-5-06/2023 (Mahkamah Sesyen)
Parties
Prosecution: Penda kwa Raya; Accused: Hamizan Bin Nawai
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 May 2025
Case Number
AC-61JSK-5-06/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against a Child (akta 792) / Conviction and Sentencing (appeal Noted)
Outcome
Accused convicted on three counts of sexual assault under Sections 14(a) and 16 Akta 792; sentence imposed and appeal noted
Legal Topics
Sexual Assault, Sentencing and Deterrence, Victim Credibility, Medical and Counselling Evidence, Prima Facie Standard
Source Language
Malay/English
Criminal Law Child Protection Sexual Offences Evidence Sexual Assault Sentencing and Deterrence Victim Credibility Medical and Counselling Evidence +1 more

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Parties

Penda kwa Raya

Prosecution

Hamizan Bin Nawai

Accused

Procedural Posture

Criminal Sexual Offences Against a Child (akta 792) / Conviction and Sentencing (appeal Noted)

Legal Issues

  1. 1 Whether prosecution proved elements of Section 14(a) and Section 16 Akta 792
  2. 2 Whether the complainant SP3 was a credible witness despite alleged inconsistencies
  3. 3 Whether medical and hearsay evidence supported the prosecution case and weight to be accorded

Ratio Decidendi

The court accepted the complainant's detailed and consistent testimony and supporting evidence as establishing the elements of offences under Sections 14(a) and 16 Akta 792 beyond reasonable doubt; material inconsistencies raised by defence were insufficient to create reasonable doubt, so the accused was convicted on all counts and sentenced accordingly.

Court Disposition

Accused convicted on three counts of sexual assault under Sections 14(a) and 16 Akta 792; sentence imposed and appeal noted

Orders

  • Convicted on three charges under Section 14(a) read with Section 16 Akta 792
  • For each charge: imprisonment 11 years under Section 14(a) and 1 year under Section 16 (sentences ordered to run concurrently across charges)