SUHARMAN BIN MOHAMAD NOOR@ISMAIL (NO. K/P : XXXXXX-XX-XXXX) PUBLIC PROSECUTOR

SUHARMAN BIN MOHAMAD NOOR@ISMAIL (NO. K/P : XXXXXX-XX-XXXX) PUBLIC PROSECUTOR

The High Court affirmed convictions and sentences because the prosecutrix's testimony was credible and sufficiently corroborated by medical examination and DNA profiling connecting the accused to seminal stains, independent contemporaneous complaints and witness conduct established a prima facie case, the defence failed to raise reasonable doubt, and the Sessions Court applied relevant sentencing principles for aggravated incestuous rape.

Citation
JB-42H-20-05/2019 (Mahkamah Tinggi)
Parties
Appellant: Suharman bin Mohamad Noor @Ismail; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 December 2020
Case Number
JB-42H-20-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Decision (appeal Against Sentence)
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Rape, Aggravated Rape, Incest, DNA Evidence, Corroboration, Prima Facie, Sentencing
Source Language
Malay/English
Criminal Law Evidence Family Law Forensic Science Child Protection Rape Aggravated Rape Incest +4 more

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Parties

Suharman bin Mohamad Noor @Ismail

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / High Court Decision (appeal Against Sentence)

Legal Issues

  1. 1 Whether the evidence of the prosecutrix (PW1) was properly admitted
  2. 2 Whether there was corroboration of the prosecutrix's evidence
  3. 3 Whether the prosecution established a prima facie case

Ratio Decidendi

The High Court affirmed convictions and sentences because the prosecutrix's testimony was credible and sufficiently corroborated by medical examination and DNA profiling connecting the accused to seminal stains, independent contemporaneous complaints and witness conduct established a prima facie case, the defence failed to raise reasonable doubt, and the Sessions Court applied relevant sentencing principles for aggravated incestuous rape.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Appeal dismissed
  • Convictions and sentences of the Sessions Court affirmed in both cases