Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Age of consent

  • 20 Jan 2025

    MUHAMMAD ISYARIZAL IZMAN BIN MOHD ISYAK

    Citation
    CA-62JSK-20-06/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    CA-62JSK-20-06/2023 (Mahkamah Sesyen)

    Court convicted accused on both counts because the complainant's detailed, credible and unchallenged testimony met the threshold under Akta 792 s18 to prove the sexual acts and her age was established by identity card digits; statutory provisions (s20 and s24 Akta 792) barred the accused's mistaken‑age defence and precluded non‑custodial bond relief, leading to conviction and imposition of consecutive custodial sentences with caning.

  • 13 Aug 2024

    SYED MOHD ISKANDAR BIN SYED SAGGOF [ ]

    Citation
    JB-42JSKS-4-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42JSKS-4-08/2023 (Mahkamah Tinggi)

    The High Court affirmed the conviction and sentence because the trial judge's findings were safe: although the photocopy guest log (P9) was inadmissible for lack of original, the unchallenged oral evidence of the hotel receptionist corroborated the accused's presence and timing; medical evidence of old hymenal tears was consistent with penetration and corroborated the victim; the victim's age could be ascertained from her ID verified in court and her testimony; delay and minor discrepancies did not undermine credibility; the absence of calling 'Ejal' did not create a miscarriage as his eviden…