Azamuddin Bin Abdul Majid [Timbalan (TPR), Jabatan Peguam Negara]

Azamuddin Bin Abdul Majid [Timbalan (TPR), Jabatan Peguam Negara]

The High Court held that the prosecution established the elements of section 14(a) Akta 792 on credible evidence of the complainant; the absence of a separate written judgment at the prima facie stage did not prejudice the accused because contemporaneous notes and subsequent full evaluation supported the decision; omissions in the FIR did not render the amended charge defective; the defence amounted to a bare denial/afterthought and did not raise reasonable doubt; and the 8-year sentence was within legal bounds and not manifestly excessive, hence the conviction and sentence were upheld while suspension of execution was granted on increased bail.

Citation
BA-42JSKS-1-01/2025 (Mahkamah Tinggi)
Parties
Appellant / Tertuduh: Azamuddin bin Abdul Majid; Respondent / Prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 August 2025
Case Number
BA-42JSKS-1-01/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (high Court Exercise of Appellate Jurisdiction) / Post Conviction Appeal Heard and Dismissed; Suspension of Execution of Sentence Granted on Conditions (bail Increased)
Outcome
Appeal dismissed; conviction and sentence upheld; suspension of execution of sentence granted on conditions (bail increased).
Legal Topics
Sexual Assault of a Child, Prima Facie Finding at Close of Prosecution, Amended Charge Validity, Credibility Assessment of Complainant, Delay in First Information Report, Appeal on Factual Findings, Suspension of Sentence and Bail
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Sentencing Procedural Law Sexual Assault of a Child Prima Facie Finding at Close of Prosecution +5 more

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Parties

Azamuddin bin Abdul Majid

Appellant / Tertuduh

Pendakwa Raya

Respondent / Prosecution

Procedural Posture

Criminal Appeal (high Court Exercise of Appellate Jurisdiction) / Post Conviction Appeal Heard and Dismissed; Suspension of Execution of Sentence Granted on Conditions (bail Increased)

Legal Issues

  1. 1 Whether trial judge's failure to produce formal written reasons at prima facie stage vitiated the decision to call accused to defend
  2. 2 Whether the complainant's evidence was credible and sufficient to establish all elements of section 14(a) Akta 792
  3. 3 Whether the amended charge was fatally defective for not mirroring the FIR

Ratio Decidendi

The High Court held that the prosecution established the elements of section 14(a) Akta 792 on credible evidence of the complainant; the absence of a separate written judgment at the prima facie stage did not prejudice the accused because contemporaneous notes and subsequent full evaluation supported the decision; omissions in the FIR did not render the amended charge defective; the defence amounted to a bare denial/afterthought and did not raise reasonable doubt; and the 8-year sentence was within legal bounds and not manifestly excessive, hence the conviction and sentence were upheld while suspension of execution was granted on increased bail.

Court Disposition

Appeal dismissed; conviction and sentence upheld; suspension of execution of sentence granted on conditions (bail increased).

Orders

  • Appeal dismissed and conviction under section 14(a) Akta 792 upheld.
  • Sentence of 8 years' imprisonment affirmed; ancillary order of counselling during imprisonment and 2 years police supervision upheld.