Malaysia Case Law: Decisions & Judgments

Topic

Child witness competency

Legal area

Court

30 Jun 2025

[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN MD ALI

Citation

CB-62JSK-15-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CB-62JSK-15-09/2022 (Mahkamah Sesyen)

The court convicted because the victim’s sworn testimony was competent, coherent, consistent with her CIC recording and contemporaneous report to her mother, and was supported by independent medical examination showing old hymenal tears consistent with penile penetration; the accused’s denials were inconsistent, his own Section 112 statement admitted repeated sexual touching of the child, and defence explanations failed to raise a reasonable doubt; accordingly prosecution proved all elements beyond reasonable doubt for both charges.
20 Feb 2020

Baharudin bin Mat Nor

Citation

AB-41S-4-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AB-41S-4-06/2019 (Mahkamah Tinggi)

Magistrate's factual findings were supported by credible testimony including child witnesses whose competency, although inquired into after oath, was demonstrably established and any timing irregularity was curable and non‑prejudicial; prior similar incidents were inadmissible and were not relied upon; delay in investigation caused no prejudice; conviction under s354 Penal Code is safe; sentencing was excessive in custody component given the accused's advanced age, demonstrated remorse, financial hardship and rehabilitative prospects, thus imprisonment substituted with a fine of RM5,000.
13 Aug 2019

PENDAKWARAYA Muhammad Zakwan bin Zainuddin dan 3 orang lagi

Citation

AB-42S-18/11/2018; AB-42H-23-11/2018; AB-42S-20/11/2018;AB-42S-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AB-42S-18/11/2018; AB-42H-23-11/2018; AB-42S-20/11/2018;AB-42S-1-01/2019 (Mahkamah Tinggi)

Appeal dismissed because the trial judge properly found the victim credible and competent, her identification of the four appellants was reliable and supported by medical and corroborative evidence, the indictment was legally sufficient under s152 and s375(g) (consent immaterial for under-16), s112 statements validly impeached defence witnesses SD5 and SD6, ID parade was fairly conducted, and sentences (including juvenile disposition under the Child Act) were within statutory limits and properly applied.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN MD ALI

Baharudin bin Mat Nor

PENDAKWARAYA Muhammad Zakwan bin Zainuddin dan 3 orang lagi