Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 133a evidence act (child evidence)

Legal area

Court

9 Mar 2020

MOHD NAZERI BIN DERAHMAN

Citation

42JSKLB-4-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

42JSKLB-4-04/2019 (Mahkamah Tinggi)

The High Court upheld the Sessions Court decision: the prosecution failed to establish a prima facie case because the principal child complainant's testimony was materially inconsistent and not credible, statutory safeguards under s.133A were not satisfied for child witnesses, police reports/exhibits lacked evidential value and investigative shortcomings remained unexplained; on these bases the accused was properly discharged and the acquittal is upheld.
2 Aug 2019

MOHD REDZUAN BIN ZAKARIA

Citation

WA-41S-7-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41S-7-07/2018 (Mahkamah Tinggi)

The High Court held the Magistrate correctly assessed that the child witness understood the nature of an oath and her sworn evidence was admissible and credible; contemporaneous medical and mother’s evidence corroborated the complaint; prosecution proved the ingredients of section 354 Penal Code beyond reasonable doubt; defence failed to raise reasonable doubt or justify adverse inference for non-calling of other children; conviction affirmed but original sentence was manifestly inadequate and substituted with 18 months imprisonment with the RM6,000 fine in default 6 months imprisonment uphel…