Malaysia Case Law: Decisions & Judgments

Topic

Competency of child witnesses

Legal area

Court

30 Mar 2023

NOOR AZMI BIN IBRAHIM [ ]

Citation

AB-42JSKS(A)-2-02/2022 (Mahkamah Tinggi)
Court

A
Case number

AB-42JSKS(A)-2-02/2022 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the trial judge properly assessed demeanour and credibility, found child witnesses competent and corroborated, explained delay and absence of malice, concluded the defence was a bare denial failing to raise reasonable doubt, held that elements of s.14 and s.16 SOAC Act 2017 were proved beyond reasonable doubt, and that the imposed concurrent/consecutive sentences were lawful and proportionate.
22 Jul 2021

AZMAN (Indonesian Passport No.: A4848804) PUBLIC PROSECUTOR

Citation

JB-42S-7-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42S-7-08/2019 (Mahkamah Tinggi)

Trial judge correctly assessed that PW3 was a competent child witness under s.133A, her unsworn testimony was coherent and credible, corroborated by medical findings, witness accounts and opportunity; defence of mere denial failed to raise reasonable doubt; conviction under s.376(2) Penal Code and sentence of 20 years imprisonment and 15 strokes upheld.
23 Jun 2020

PENDAKWARAYA Public Prosecutor N

Citation

AB-41LB-7-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AB-41LB-7-09/2019 (Mahkamah Tinggi)

Acquittal was correct and is affirmed because the prosecution failed to establish the essential ingredients of rape beyond reasonable doubt (notably credible proof of penetration and positive identification), key medical witnesses were not called to verify the medical report, forensic evidence was lacking, and the magistrate’s assessment that the child witnesses’ evidence was inconsistent and insufficient is entitled to deference on appeal.

Malaysia Case Law

NOOR AZMI BIN IBRAHIM [ ]

AZMAN (Indonesian Passport No.: A4848804) PUBLIC PROSECUTOR

PENDAKWARAYA Public Prosecutor N