ZAINUDDIN BIN MAT ISA

ZAINUDDIN BIN MAT ISA

The High Court dismissed the appellant's challenge to convictions: the six offences were rightly tried together as they formed a single series of connected sexual acts (same victim, same place, proximate dates and unity of purpose) falling within s.165 KTJ; the child complainant was found credible and her testimony was corroborated by contemporaneous police report, medical findings of new hymenal tears and the seizure of the dildo; defence recordings and alibi were inconsistent and did not raise reasonable doubt. On sentence the court intervened to prevent a crushing aggregate term by ordering specified sentences within two of the appeals to run concurrently (counts 1 and 2 in AA-42JSKS-3...

Citation
AA-42JSKS-2-08/2023 (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-2-08/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences Involving a Child) / High Court Judgment on Appeal From Sessions Court Convictions and Sentence
Outcome
Appeal against convictions dismissed; convictions under s.14(a) Akta 792, s.377CA and s.376B Kanun Keseksaan upheld. Sentence appeal partly allowed to order concurrency for specified counts to avoid crushing total; other sentences and corporal punishment maintained.
Legal Topics
Rape, Incest (sumbang Mahram), Sexual Assault on a Child, Joinder/one Transaction Rule (s.165/163 Ktj), Credibility of Child Witness, Sentencing Concurrency and Totality
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Criminal Procedure Rape Incest (sumbang Mahram) Sexual Assault on a Child Joinder/one Transaction Rule (s.165/163 Ktj) +2 more

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Parties

Zainuddin bin Mat Isa

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (sexual Offences Involving a Child) / High Court Judgment on Appeal From Sessions Court Convictions and Sentence

Legal Issues

  1. 1 Whether the multiple charges should have been tried separately under s.163 KTJ or could be joined as one transaction under s.165 KTJ
  2. 2 Whether the child complainant (SP6) was a credible witness and whether supporting/corroborative evidence sufficed
  3. 3 Whether the trial judge failed to give proper weight to defence recordings and alibi evidence (D56, D57)

Ratio Decidendi

The High Court dismissed the appellant's challenge to convictions: the six offences were rightly tried together as they formed a single series of connected sexual acts (same victim, same place, proximate dates and unity of purpose) falling within s.165 KTJ; the child complainant was found credible and her testimony was corroborated by contemporaneous police report, medical findings of new hymenal tears and the seizure of the dildo; defence recordings and alibi were inconsistent and did not raise reasonable doubt. On sentence the court intervened to prevent a crushing aggregate term by ordering specified sentences within two of the appeals to run concurrently (counts 1 and 2 in AA-42JSKS-3...

Court Disposition

Appeal against convictions dismissed; convictions under s.14(a) Akta 792, s.377CA and s.376B Kanun Keseksaan upheld. Sentence appeal partly allowed to order concurrency for specified counts to avoid crushing total; other sentences and corporal punishment maintained.

Orders

  • Convictions for all counts confirmed as recorded by Sessions Court under s.14(a) Akta 792, s.377CA KK and s.376B KK; appeal against conviction dismissed
  • AA-42JSKS-2-08/2023 (AC-62JSK-17-06/2021): Sentence confirmed — 2 years imprisonment from date of arrest (16/06/2021) and 1 stroke under s.14(a) Akta 792, plus additional 2 years and 2 strokes under s.16 Akta 792, counselling under s.26 Akta 792 and 1 year supervision under s.27 Akta 792