Malaysia Case Law: Decisions & Judgments

Topic

Rape of a minor

Legal area

Court

23 Apr 2026

MOHAMMAD IRWAN BIN KAIROMAN

Citation

JB-42JSKH-8-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42JSKH-8-10/2025 (Mahkamah Tinggi)

The Sessions Court erred in law and fact by ordering concurrent sentences for two distinct rapes committed on separate dates and places; 8 years was manifestly inadequate for rape of a minor, therefore each offence attracts 12 years' imprisonment and the sentences must run consecutively while ancillary orders under the Sexual Offences Against Children Act remain.
11 Jun 2025

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Citation

AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-62JSK-12-07/2022 (Mahkamah Sesyen)

The court convicted the accused because the prosecution proved beyond reasonable doubt the elements of Section 375B: the complainant was under sixteen, credible sworn testimony established penile penetration corroborated by witness SP4 and circumstantial evidence and medical findings, identification was reliable despite procedural irregularities, and the defendants’ explanations were bare denials/afterthoughts incapable of creating reasonable doubt; common intention to commit gang rape was inferred from planning, proximity and conduct.
5 Jan 2024

Mansor Bin Endut [ ]

Citation

B-09(H)-203-05/2022 (Mahkamah Rayuan)
Court

H
Case number

B-09(H)-203-05/2022 (Mahkamah Rayuan)

The Court of Appeal found no substantial or compelling reason to disturb the sentences: the three offences included a distinct third offence justifying consecutive sentencing, the seriousness and aggravating factors (father raping his 16-year-old daughter) outweigh mitigation, and the overall 40-year aggregate sentence plus SOACA 2017 orders is not manifestly excessive or wrong in principle.
28 Jul 2021

Abd Manap bin Fadzel

Citation

KA-42H-12-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-42H-12-11/2019 (Mahkamah Tinggi)

The High Court allowed the appeal in part and reduced the custodial term from 17 to 10 years (to run from date of arrest) while maintaining seven strokes of the cane because the prosecution authorities relied upon involved multiple counts and were distinguishable; the appellant's guilty plea, first‑offender status, remorse, age and health constituted sufficient mitigation to justify a reduced term while preserving deterrent effect for public interest.

Malaysia Case Law

MOHAMMAD IRWAN BIN KAIROMAN

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Mansor Bin Endut [ ]

Abd Manap bin Fadzel