ZAINUDDIN BIN MAT ISA

ZAINUDDIN BIN MAT ISA

The High Court dismissed the appellant's challenges to conviction, holding the six offences were parts of the same transaction permitting joint trial under s.165 KTJ; the child complainant was credible and her evidence was supported by contemporaneous police report, medical findings and recovery of a sexual device; defence recordings and alibi were inconsistent and did not create reasonable doubt; convictions under s.14(a) Akta 792, s.377CA and s.376B Kanun Keseksaan were upheld; sentencing was adjusted by ordering certain counts within the same indictment to run concurrently while maintaining prescribed whipping counts and ancillary orders, but overall sentences across the three appeals...

Citation
AA-42JSKS-3-08/2023 (Mahkamah Tinggi)
Parties
Appellant: Zainuddin bin Mat Isa; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 August 2024
Case Number
AA-42JSKS-3-08/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Appeal Judgment
Outcome
Appeal against conviction dismissed; appeals against sentence partly allowed to adjust concurrency within indictments but overall sentences otherwise upheld
Legal Topics
Rape, Sexual Assault, Incest (sumbang Mahram), Sexual Penetration With Object (377 Ca), Credibility of Child Witness, One Transaction Rule, Separate Charges (s.163 Ktj), Concurrent Vs Consecutive Sentencing, Alibi Notice (s.402 A)
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Sentencing Rape Sexual Assault Incest (sumbang Mahram) +6 more

Case Brief

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Parties

Zainuddin bin Mat Isa

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal Judgment

Legal Issues

  1. 1 Whether the trial court erred by trying multiple distinct offences together in breach of s.163 KTJ
  2. 2 Whether the child complainant (SP6) was a credible witness and whether supporting evidence sufficiently corroborated her testimony
  3. 3 Whether the trial court failed to consider defence recordings (D56, D57) and alibi evidence properly

Ratio Decidendi

The High Court dismissed the appellant's challenges to conviction, holding the six offences were parts of the same transaction permitting joint trial under s.165 KTJ; the child complainant was credible and her evidence was supported by contemporaneous police report, medical findings and recovery of a sexual device; defence recordings and alibi were inconsistent and did not create reasonable doubt; convictions under s.14(a) Akta 792, s.377CA and s.376B Kanun Keseksaan were upheld; sentencing was adjusted by ordering certain counts within the same indictment to run concurrently while maintaining prescribed whipping counts and ancillary orders, but overall sentences across the three appeals...

Court Disposition

Appeal against conviction dismissed; appeals against sentence partly allowed to adjust concurrency within indictments but overall sentences otherwise upheld

Orders

  • AA-42JSKS-2-08/2023 (AC-62JSK-17-06/2021): Conviction under s.14(a) Akta 792 upheld. Sentence: 2 years' imprisonment from date of arrest 16/06/2021 and 1 stroke of the rotan under s.14(a) Akta 792; in addition 2 years' imprisonment and 2 strokes under s.16 Akta 792; counselling during imprisonment under s.26 Akta...
  • AA-42JSKS-3-08/2023 (AC-62JSK-18-06/2021): Count 1 (s.376B KK): Conviction upheld. Sentence: 14 years' imprisonment and 3 strokes; plus 2 years and 2 strokes under s.16 Akta 792; counselling under s.26 and 1 year supervision under s.27 Akta 792. Count 2 (s.377CA KK): Conviction upheld. Sentence: 6 years'...