Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Child sexual assault

  • 2 Oct 2025

    MOHD NAZIR BIN ZARAAI

    Citation
    KA-62JSK-20-08/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    KA-62JSK-20-08/2022 (Mahkamah Sesyen)

    The court found the prosecution proved the offence under s14(a) AKKSTKK 2017 beyond reasonable doubt based on the victim's credible and unusually convincing sworn testimony together with supporting evidence (SP1 account, medical reports, contemporaneous statements). Defence denials, inconsistencies on dates, absence of forensic DNA and noncompliance with s28A(2) did not create reasonable doubt nor render the charge defective; accordingly the accused was convicted.

  • 15 May 2025

    SYAZWAN AFIQ BIN SHARIFF [ ]

    Citation
    DA-42JSKS-2-04/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-42JSKS-2-04/2024 (Mahkamah Tinggi)

    The High Court allowed the appeal because the prosecution failed to prove the essential element of recent penile penetration beyond reasonable doubt: the complainants testimony was inconsistent and unreliable on critical points, medical and forensic evidence did not demonstrate recent penetration or presence of spermatozoa on the victims body, and mixed DNA on bedding was not conclusive; the trial judge erred in shifting burden to the accused. Conviction could not stand and appellant was acquitted.

  • 13 Dec 2024

    HAFIZZAMI BIN ALI

    Citation
    RA-42JSKS-5-10/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    RA-42JSKS-5-10/2023 (Mahkamah Tinggi)

    Trial judge correctly found prosecution proved all elements of s14(a) AKKSTKK beyond reasonable doubt based on the victim's cogent, consistent and corroborated testimony; defence failed to raise reasonable doubt; appellate court will not disturb those factual findings absent compelling reasons; thus conviction and sentence are affirmed.

  • 21 Feb 2023

    HUSSIN BIN OON

    Citation
    JD-62JSK-9-12/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JD-62JSK-9-12/2020 (Mahkamah Sesyen)

    The prosecution proved beyond reasonable doubt the elements of section 377CA through consistent and corroborated testimony of the victim and sibling, supported by parents, medical reports and investigation; defence was an unsupported afterthought and failed to raise reasonable doubt, therefore conviction under section 377CA is justified.