Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Attempted rape

  • 26 Nov 2025

    MOHAMED NORHASIF BIN NORWIRADIJAYA

    Citation
    WA-42H-9-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42H-9-06/2024 (Mahkamah Tinggi)

    The Sessions Court erred in law by omitting the mandatory whipping under section 397 for armed robbery and by ordering concurrent sentences for distinct serious offences; appellate court therefore added one whipping to the 7‑year armed robbery term and ordered the 7‑year term to run consecutively with the 10‑year term for sexual offences, yielding a total effective imprisonment of 17 years with seven canning strokes.

  • 26 Nov 2025

    MOHAMED NORHASIF BIN NORWIRADIJAYA

    Citation
    WA-42H-8-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42H-8-06/2024 (Mahkamah Tinggi)

    The High Court held that the Sessions Court erred by omitting the mandatory whipping under section 397 for armed robbery, added one whipping to the 7-year term for armed robbery, affirmed the 10-year terms and six whipppings for the sexual offences, and directed that the armed robbery sentence run consecutively to the sexual offences sentence, resulting in a total of 17 years' imprisonment and seven whippings; the appellant's appeal was dismissed and the Prosecution's appeal allowed in part.

  • 21 Jan 2025

    Arshad Bin Masdin [ ]

    Citation
    S-09-49-02/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    S-09-49-02/2023 (Mahkamah Rayuan)

    Conviction was unsafe because material forensic DNA evidence excluded the appellant as the source of DNA on victim's fingernails, brassiere and the window grill, the identification process was defective and of little value, inadmissible section 27 material was relied upon without discovery, and the trial court misapplied adverse inference under section 114(g); therefore appellate intervention to set aside conviction and sentence was required.

  • 12 May 2022

    ABDUL AZIZ BIN ISMAIL [ ]

    Citation
    AB-42S-1-02/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42S-1-02/2021 (Mahkamah Tinggi)

    The appeal court found the charge materially defective because the particulars describe acts amounting to outrage of modesty under section 354 while the prosecution charged attempted rape under section 376(3) read with section 511; the accused was thereby misled and suffered an unfair trial. Further, the evidence did not establish beyond reasonable doubt that the accused had progressed beyond preparation to an attempt to rape; accordingly there was miscarriage of justice and the conviction was quashed with the accused acquitted and discharged.