Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Alibi notice and proof

Legal area

Court

13 Jan 2025

[Jabatan Peguam Negara] MUHAMMAD ZAIDANIAL AKASSYA BIN MD ZAIDI

Citation

BC-62JSK-97-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BC-62JSK-97-08/2022 (Mahkamah Sesyen)

The prosecution proved beyond reasonable doubt that the accused committed physical sexual contact with a 13‑year‑old contrary to Section 14(a) of the Sexual Offences Against Children Act 2017; the defence alibi was raised belatedly without statutory notice, contradicted by hotel registration/invoice evidence, and failed to create reasonable doubt; accordingly the accused is convicted and sentenced.
20 May 2021

Abd Ghani bin Abd Karim

Citation

WA-42S-6-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-6-07/2020 (Mahkamah Tinggi)

The trial judge's acceptance of the victim's credible, detailed testimony was supported by corroborative evidence (medical evidence of vaginal tear consistent with timing, discovery of a green screwdriver, and unique identifying feature), the appellant failed to provide a valid or substantiated alibi (exhibit D38 was vague and no proper notice provided), and there were no compelling reasons to disturb the factual findings; therefore conviction under s376(1) and s506 and the sentences imposed were affirmed.