Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Outraging modesty (section 354 penal code)

Legal area

Court

1 Mar 2021

TAY KIANG HEONG [Jabatan Peguam Negara]

Citation

D-09(H)-504-10/2018 (Mahkamah Rayuan)
Court

H
Case number

D-09(H)-504-10/2018 (Mahkamah Rayuan)

Concurrent findings by Sessions Court and High Court that complainant and corroborating witness were credible and that prosecution proved elements of s354 were supported by evidence and not open to disturbance on appeal; absence of CCTV or incomplete CRT recording did not amount to suppression or nullity given explanations and long-hand notes; appellate court may increase sentence where prior sentence is manifestly low—hence conviction affirmed and sentence enhanced to one year imprisonment with a fine of RM8,000 (in default 8 months).
1 Mar 2021

[Jabatan Peguam Negara] TAY KIANG HEONG

Citation

D-09(H)-505-10/2018 (Mahkamah Rayuan)
Court

H
Case number

D-09(H)-505-10/2018 (Mahkamah Rayuan)

Concurrent factual findings that prosecution proved the elements of s354 were supported by credible and corroborated testimony and post-incident conduct; absence of CCTV and incomplete CRT recording did not vitiate trial because CCTV did not exist and long-hand notes complied with Criminal Procedure Code; conviction affirmed. Sentencing was insufficient at 3 months; having regard to seriousness and sentencing trends the appropriate custodial term is 1 year while maintaining the RM8,000 fine (8 months default).