Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Appeal standards and review
  • 6 Jun 2024

    FAIROL EZHAR BIN AMIN

    Citation
    PB-42JSKS(A)-1-11/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    PB-42JSKS(A)-1-11/2023 (Mahkamah Tinggi)

    The High Court upheld the trial judge: the charge contained sufficient particulars; the prosecution validly proceeded despite the complainant's subsequent withdrawal of the police report because DPP discretion permits continuation where evidence is strong; the complainant's credible, detailed testimony proved the elements of s14(a) read with s16(1) Akta 792 beyond reasonable doubt and s18 permits conviction on uncorroborated child evidence; defence amounted to bare denial and failed to raise reasonable doubt; sentence was within lawful range and appropriate in public interest.