Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Competency and credibility of child witness
  • 26 Apr 2024

    MOHD ALI BIN HASSAN

    Citation
    AC-62JSK-23-12/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AC-62JSK-23-12/2022 (Mahkamah Sesyen)

    The court found the prosecution proved beyond reasonable doubt the elements of Section 14(a) Akta 792 based on a competent and consistent child witness whose testimony was unusually convincing and corroborated by supporting witnesses and photographic identification; the accused's denial was mere denial and did not raise reasonable doubt; accordingly the accused was convicted under Section 14(a) and sentenced to three years' imprisonment with rehabilitative counselling during incarceration and one year police supervision after release; whipping was not imposed given judicial discretion and the…