Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Incest
  • 27 Feb 2026

    ARIF SHAHRILFUDIN BIN AHMAD

    Citation
    AC-62JS-11-11/2025 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AC-62JS-11-11/2025 (Mahkamah Sesyen)

    Court imposed 10 years' imprisonment and 10 strokes because the offence involved sexual penetration of a 17‑year‑old by her father, representing a serious breach of parental trust and significant public harm; mitigation of family dependence did not outweigh aggravating factors and existing sentences for related offences.

  • 17 Dec 2025

    RAHNI BIN MAT SUDIN

    Citation
    AB-42JSKLB-1-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42JSKLB-1-07/2024 (Mahkamah Tinggi)

    The High Court allowed the prosecution's appeal, finding the trial judge erred in concluding reasonable doubt. The complainant was credible and her account of three distinct incidents of rape was corroborated by medical findings, psychological assessment and digital evidence from the accused's phone. A potency test is not mandatory where other evidence demonstrates sexual capability. The cumulative weight of credible testimony and corroborative evidence established guilt beyond reasonable doubt; the acquittal was set aside, the accused convicted on all three counts and sentenced to imprisonme…

  • 18 Sept 2025

    AMYRUL SHAH BIN KAMARUL ZAMAN

    Citation
    RA-62JSK-4-02/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-4-02/2023 (Mahkamah Sesyen)

    The court accepted the victim's consistent testimony corroborated by medical findings, documentary evidence (birth certificate), and the accused's prior admission in a related proceeding, finding all statutory elements of s.376B established (penetration, victim under 16, prohibited relationship). Duplicity and procedural objections were rejected as each incident was separately charged with sufficient particulars. Defence alibis and interested witness testimony were not enough to raise reasonable doubt. Accordingly the accused was convicted on six counts and sentenced according to the gravity…

  • 1 Aug 2025

    SHAHRUL KAMAR BIN MOHAMED SHAHARUDDIN

    Citation
    AC-62JS-3-02/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AC-62JS-3-02/2021 (Mahkamah Sesyen)

    Court accepted prosecution's evidence (CCTV authenticated in court, medical evidence of hymen tears, consistent witness testimony) established the elements of incest/rape and assault beyond a reasonable doubt; defence explanations were rejected as insufficient to create reasonable doubt, therefore accused convicted on all five charges.

  • 25 Nov 2024

    AHMAD SUKRI BIN ARIFFIN

    Citation
    T-09-192-08/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    T-09-192-08/2023 (Mahkamah Rayuan)

    The Court of Appeal held that the prosecution proved the offences for the incidents of 26 November 2019 beyond reasonable doubt based on credible victim testimony corroborated by medical evidence and supporting witnesses; the appellant's alibi and contradictions were insufficient to raise reasonable doubt; the prosecution's appeal against the High Court acquittal for the 14 August 2019 incident succeeded and that acquittal was set aside; concurrent findings of fact by the Sessions and High Court were not disturbed and the sentences imposed by the Sessions Court were reinstated and upheld.

  • 10 Oct 2024

    Muhammad Nazizam Abdullah

    Citation
    JB-42JSKH-6-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42JSKH-6-08/2023 (Mahkamah Tinggi)

    The High Court held the trial judge did not err in principle when imposing long custodial sentences given the serious aggravated nature of repeated incestuous rape of a child and the public interest in deterrence, but allowed the appeal in part by reducing the aggregate term imposed on the seven s.376(3) rape counts from 30 years to 27 years in recognition of the applicant's early plea; maintained the separate 5-year and additional 3-year sentences and preserved the concurrency/consecutive structure; clarified that the total number of strokes to be executed is 24 in accordance with s.288(1) C…

  • 10 Oct 2024

    Muhammad Nazizam Abdullah

    Citation
    JB-42JSKH-5-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42JSKH-5-08/2023 (Mahkamah Tinggi)

    The High Court held the sentencing judge did not err in principle: the offences involved repeated, planned incestuous rape of a child with severe consequences, justifying a deterrent and retributive long sentence; early guilty plea entitled appellant to a limited reduction, resulting in reduction of the 30‑year term to 27 years for the seven s.376(3) counts while the s.14(a) five‑year and s.16(1) three‑year sentences and the concurrency/consecutive ordering were upheld; confusion over caning quantum was resolved by directing total of 24 strokes only.

  • 10 Oct 2024

    Muhammad Nazizam Abdullah

    Citation
    JB-42JSKH-4-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42JSKH-4-08/2023 (Mahkamah Tinggi)

    High Court found the sentencing judge did not err in principle but allowed the appeal in part: the concurrent 30-year terms on seven counts of rape under s.376(3) Penal Code were reduced to concurrent 27-year terms due to early plea mitigation; the 5-year sentence under s.14(a) AKKSTK 2017 and additional 3-year term under s.16(1) remain and run consecutively as ordered; ambiguity over total caning was resolved so only 24 strokes are to be administered in total.

  • 12 Sept 2024

    [ ] SAWALDI BIN SUDIN

    Citation
    DA-62JSK-65-07/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DA-62JSK-65-07/2024 (Mahkamah Sesyen)

    Perayu's uncondioned guilty pleas warranted conviction but did not justify mitigation given the grave nature of repeated rape of his minor daughter, confirmed by DNA and resulting in childbirth; therefore impose 12 years imprisonment and 10 strokes for each of six counts, with sentences to run consecutively to reflect separate offences, plus rehabilitation and one-year police supervision after release.

  • 30 May 2024

    KAMARUZAMAN BIN JAFFAR

    Citation
    J-09-169-07/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    J-09-169-07/2023 (Mahkamah Rayuan)

    The Court upheld the trial judge's credibility findings and concluded the prosecution discharged its burden: the 2013 offence was statutory rape (victim aged 15) and required no consent proof; the 2018 offence was proved to be non-consensual by the victim's consistent testimony corroborated by family witnesses, medical evidence and the accused's incriminating conduct. Convictions were therefore affirmed; concurrent/consecutive sentencing exercise was lawful and the sentences were ordered to run consecutively, with a reduction in the number of strokes for the 2018 offence from 15 to 10.