Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Incest (sumbang mahram)

  • 18 Sept 2025

    AMYRUL SHAH BIN KAMARUL ZAMAN

    Citation
    RA-62JSK-3-02/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-3-02/2023 (Mahkamah Sesyen)

    The prosecution proved all material ingredients of the offences beyond reasonable doubt by credible victim testimony corroborated by medical evidence, birth/registration documents and the accused's prior admission; the relationship was found legally prohibited (stepfather/stepchild) despite lack of local marriage registration, duplicity objections rejected because counts were particularized, and defence alibis and witnesses were disbelieved or unpersuasive; accordingly the accused was convicted on all six counts and sentenced as ordered.

  • 8 Aug 2024

    ZAINUDDIN BIN MAT ISA

    Citation
    AA-42JSKS-2-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-2-08/2023 (Mahkamah Tinggi)

    The High Court dismissed the appellant's challenge to convictions: the six offences were rightly tried together as they formed a single series of connected sexual acts (same victim, same place, proximate dates and unity of purpose) falling within s.165 KTJ; the child complainant was found credible and her testimony was corroborated by contemporaneous police report, medical findings of new hymenal tears and the seizure of the dildo; defence recordings and alibi were inconsistent and did not raise reasonable doubt. On sentence the court intervened to prevent a crushing aggregate term by orderin…

  • 8 Aug 2024

    ZAINUDDIN BIN MAT ISA

    Citation
    AA-42JSKS-3-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-3-08/2023 (Mahkamah Tinggi)

    The High Court dismissed the appellant's challenges to conviction, holding the six offences were parts of the same transaction permitting joint trial under s.165 KTJ; the child complainant was credible and her evidence was supported by contemporaneous police report, medical findings and recovery of a sexual device; defence recordings and alibi were inconsistent and did not create reasonable doubt; convictions under s.14(a) Akta 792, s.377CA and s.376B Kanun Keseksaan were upheld; sentencing was adjusted by ordering certain counts within the same indictment to run concurrently while maintainin…

  • 21 Feb 2024

    MOHAMED REDZUAN BIN MOHD KHALID

    Citation
    JA-62JSK-157-10/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-62JSK-157-10/2023 (Mahkamah Sesyen)

    Court accepted the accused's voluntary guilty plea and the prosecution facts as proving the offence under s.376B(1); given the repeated and serious nature of sexual offences against the accused's stepdaughter, public interest and deterrence outweighed mitigation, and because the offences in the two cases occurred on different dates and were not a single transaction the court ordered consecutive imprisonment; the appropriate sentence was 12 years imprisonment and 3 strokes, to run consecutively to the 15-year sentence in JA-62JS-21-10/2023.

  • 9 Feb 2023

    NORASHAIKIN BIN NASIR [ ]

    Citation
    DA-42JSKH-1-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-42JSKH-1-04/2022 (Mahkamah Tinggi)

    The High Court held the trial judge had properly considered all relevant factors (mitigation, prosecution submissions, public interest, statutory provisions and facts) and that the sentence of 15 years' imprisonment and one stroke of the rotan is within the scope of Section 376(1) and appropriate; appeal against sentence dismissed except that the court ordered the appellant's other sentence to run concurrently due to age, health and apparent drug influence on the offence.