Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admission of conduct (evidence act)
  • 30 May 2024

    KAMARUZAMAN BIN JAFFAR

    Citation
    J-09-169-07/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    J-09-169-07/2023 (Mahkamah Rayuan)

    The Court upheld the trial judge's credibility findings and concluded the prosecution discharged its burden: the 2013 offence was statutory rape (victim aged 15) and required no consent proof; the 2018 offence was proved to be non-consensual by the victim's consistent testimony corroborated by family witnesses, medical evidence and the accused's incriminating conduct. Convictions were therefore affirmed; concurrent/consecutive sentencing exercise was lawful and the sentences were ordered to run consecutively, with a reduction in the number of strokes for the 2018 offence from 15 to 10.