Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fair trial rights
  • 1 Nov 2021

    [ ] Halidon Bin Samsuri

    Citation
    BA-42JSKH-4-02/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKH-4-02/2020 (Mahkamah Tinggi)

    Section 6 of the 2017 Act is constitutional and does not breach Articles 5 or 8; the High Court properly found the child witnesses competent after inquiry and properly admitted the video-recorded testimony; inconsistencies in accounts were immaterial, the trial judge's credibility findings were justified and entitled to deference, and conviction was safe on the evidence of SP5 supported by SP6 and SP9; sentencing was inadequate so prosecution appeal allowed and original 12-month sentence substituted with 30 months imprisonment, implementation suspended pending further appeal.