[Timbalan (TPR), Jabatan Peguam Negara] MOHD HALMIZI BIN MAT JIDIN

[Timbalan (TPR), Jabatan Peguam Negara] MOHD HALMIZI BIN MAT JIDIN

Court convicted because prosecution proved all elements of section 14(a) AKSTK 2017: victim was a child; credible and consistent identification by the child corroborated by caregivers and CIC recordings; medical experts confirmed an acute anal fissure consistent with penetration by a hard object (excluding...

Source-derived case information.

Citation
CB-62JSK-23-06/2019 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Mohd Halmizi bin Mat Jidin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 March 2023
Case Number
CB-62JSK-23-06/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Sexual Assault of a Child, Section 14 AKSTK 2017, Prima Facie Standard, Alibi Defence, Medical Expert Evidence, CIC Recordings
Criminal Law Child Sexual Offences Evidence Sexual Assault of a Child Section 14 AKSTK 2017 Prima Facie Standard Alibi Defence Medical Expert Evidence +1 more

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Parties

Public Prosecutor

Prosecution

Mohd Halmizi bin Mat Jidin

Accused

Procedural Posture

Criminal / Appeal Judgment

Legal Issues

  1. 1 Whether prosecution proved each element of section 14(a) AKSTK 2017 beyond reasonable doubt
  2. 2 Whether the touching by use of an object amounted to sexual assault
  3. 3 Credibility and motive of prosecution witnesses (SP4, SP6, SP7)

Ratio Decidendi

Court convicted because prosecution proved all elements of section 14(a) AKSTK 2017: victim was a child; credible and consistent identification by the child corroborated by caregivers and CIC recordings; medical experts confirmed an acute anal fissure consistent with penetration by a hard object (excluding constipation); defence alibi was inconsistent and uncorroborated and accused admitted presence at home within material time — therefore no reasonable doubt remained.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Sentence of 5 years imprisonment and 1 stroke of the cane to commence from date of conviction
  • Return of bail money to the surety