Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Evidence and proof beyond reasonable doubt
  • 28 Sept 2020

    VISWANATHAN A/L GANESAN TIMBALAN

    Citation
    JA-62-172-08/2017 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-62-172-08/2017 (Mahkamah Sesyen)

    The court found beyond reasonable doubt that the accused, as a person having care of the child, inflicted repeated non‑accidental physical injuries corroborated by the victim's evidence and medical examinations; the defence explanations were disbelieved and failed to raise reasonable doubt, therefore conviction under Section 31(1)(a) Child Act 2001 is proper and a two‑year custodial sentence is appropriate given the facts and lesser severity compared to cases involving fractures.