2 Aug 2019
MOHD REDZUAN BIN ZAKARIA
- Citation
- WA-41H-29-07/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-41H-29-07/2018 (Mahkamah Tinggi)
The High Court held the trial Magistrate correctly found the child witness competent and understanding of an oath, accepted her evidence under oath which was further supported by contemporaneous maternal complaints and medical findings of fresh laceration; the prosecution therefore proved the ingredients of s.354 beyond reasonable doubt and the conviction was affirmed; on sentencing the Magistrate's term was manifestly inadequate given abuse of trust and public interest so the sentence was increased to 18 months imprisonment while upholding the RM6,000 fine in default 6 months.
- Section 354 penal code (assault or use of criminal force to outrage modesty)
- Child witness evidence and s.133a evidence act 1950
- Corroboration of child evidence
- Adverse inference for non‑calling of witnesses (s.114 evidence act)
- Appellate review (s.316 criminal procedure code)
- Sentencing principles and public interest