Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Outraging modesty (s509)
  • 24 Jun 2024

    ABDUL AZIZ BIN ALLA PICHAI

    Citation
    WA-83JS-100-03/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83JS-100-03/2021 (Mahkamah Majistret)

    Applying the prima facie test and maximum evaluation of prosecution evidence the court found SP1 credible and the audio recording admissible and consistent with SP1’s account; elements of s354 and s509 were established for counts 1 and 3 respectively and thus the accused was convicted on those counts. Material recantation and investigative omissions created reasonable doubt on the amended count 2, resulting in acquittal on that count. Sentencing balanced mitigation (first offender, age, health, family) against public interest and aggravation of a father abusing his daughter, resulting in impr…