30 Jul 2024
MOHAMAD ABU AKKAS
- Citation
- JA-62JSK-6-01/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-62JSK-6-01/2020 (Mahkamah Sesyen)
The court accepted the child victim's direct sensory testimony (per tactile perception) as credible, corroborated by sibling and parent testimony and medical findings of perianal erythema and fissure consistent with external penetration; the recorded statement D14 was found voluntary and admissible and the defence explanations were rejected as afterthoughts; accordingly the prosecution proved all elements of s.14(d) Akta 792 beyond reasonable doubt and conviction and sentencing followed.
- Section 14(d) akta 792 – physical sexual assault on a child
- Prima facie test and burden at close of prosecution
- Admissibility and weight of recorded statement under s.112 kpj
- Competency and evidence of child witness (s.133a evidence act)
- Medical/forensic corroboration
- Sentencing principles and public interest