[Jabatan Peguam Negara] MUHAMMAD ZAIDANIAL AKASSYA BIN MD ZAIDI

[Jabatan Peguam Negara] MUHAMMAD ZAIDANIAL AKASSYA BIN MD ZAIDI

The prosecution proved beyond reasonable doubt that the accused committed physical sexual contact with a 13‑year‑old contrary to Section 14(a) of the Sexual Offences Against Children Act 2017; the defence alibi was raised belatedly without statutory notice, contradicted by hotel registration/invoice evidence, and failed to create reasonable doubt; accordingly the accused is convicted and sentenced.

Citation
BC-62JSK-97-08/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Zaidanial Akassya b Md Zaidi
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 January 2025
Case Number
BC-62JSK-97-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offence Against a Child / Judgment and Sentencing (sessions Court)
Outcome
Accused convicted under Section 14(a) Sexual Offences Against Children Act 2017 and sentenced
Legal Topics
Sexual Assault of a Child, Alibi Notice and Proof, Burden of Proof Beyond Reasonable Doubt, Credibility of Interested Witnesses, Sentencing Principles
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Sexual Assault of a Child Alibi Notice and Proof Burden of Proof Beyond Reasonable Doubt Credibility of Interested Witnesses +1 more

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Parties

Pendakwa Raya

Prosecutor

Muhammad Zaidanial Akassya b Md Zaidi

Accused

Procedural Posture

Criminal Sexual Offence Against a Child / Judgment and Sentencing (sessions Court)

Legal Issues

  1. 1 Whether prosecution proved physical sexual contact with a child beyond reasonable doubt under Section 14(a) of the Sexual Offences Against Children Act 2017
  2. 2 Whether the defendant's belated alibi (not notified under s402A) raises a reasonable doubt
  3. 3 Assessment of credibility of victim and corroborating witness versus interested defence witness

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused committed physical sexual contact with a 13‑year‑old contrary to Section 14(a) of the Sexual Offences Against Children Act 2017; the defence alibi was raised belatedly without statutory notice, contradicted by hotel registration/invoice evidence, and failed to create reasonable doubt; accordingly the accused is convicted and sentenced.

Court Disposition

Accused convicted under Section 14(a) Sexual Offences Against Children Act 2017 and sentenced

Orders

  • Convicted under Section 14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017
  • Imprisonment for 6 years commencing from 13 January 2025