[ ] WAN MOHD SHAKIR WAN ABDUL HAMID

[ ] WAN MOHD SHAKIR WAN ABDUL HAMID

The court found prosecution proved all elements of the offence under s375 read with s376(2)(i): sexual intercourse occurred, victim was under 16 at the time, and accused knew he was HIV-positive. DNA forensic evidence corroborated paternity. The accused failed to discharge the burden to establish mistake of fact under s79 on a balance of probabilities because he did not take all reasonable steps to ascertain the victim's age as required by AKSTKK s20; therefore s79 did not apply and conviction followed.

Citation
DJ-62JSK-35-08/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Wan Mohd Shakir bin Wan Abdul Hamid
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 June 2025
Case Number
DJ-62JSK-35-08/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape (sessions Court) / Trial and Sentencing; Conviction Entered and Sentence Imposed; Execution of Sentence Suspended Pending Appeal
Outcome
Guilty; convicted of rape under s376(2)(i) Penal Code
Legal Topics
Rape, Mistake of Fact (s79 Penal Code), HIV Transmission, Age of Child (akstkk S20), DNA Paternity Evidence, Sentencing Under S376(2)(i)
Source Language
Malay/English
Criminal Law Child Protection Sexual Offences Forensic Evidence Rape Mistake of Fact (s79 Penal Code) HIV Transmission Age of Child (akstkk S20) +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Wan Mohd Shakir bin Wan Abdul Hamid

Defendant

Procedural Posture

Criminal Rape (sessions Court) / Trial and Sentencing; Conviction Entered and Sentence Imposed; Execution of Sentence Suspended Pending Appeal

Legal Issues

  1. 1 Whether prosecution proved all elements of rape under s375 and aggravated element s376(2)(i) (including accused's knowledge of HIV status)
  2. 2 Credibility of the complainant and sufficiency of corroborative evidence (pregnancy and DNA)
  3. 3 Whether defence of mistake of fact under s79 Penal Code applies given accused's claim he believed victim was 16

Ratio Decidendi

The court found prosecution proved all elements of the offence under s375 read with s376(2)(i): sexual intercourse occurred, victim was under 16 at the time, and accused knew he was HIV-positive. DNA forensic evidence corroborated paternity. The accused failed to discharge the burden to establish mistake of fact under s79 on a balance of probabilities because he did not take all reasonable steps to ascertain the victim's age as required by AKSTKK s20; therefore s79 did not apply and conviction followed.

Court Disposition

Guilty; convicted of rape under s376(2)(i) Penal Code

Orders

  • Imprisonment for 12 years commencing from date of conviction
  • Three strokes of the cane (three lashes)