20 Feb 2020
Baharudin bin Mat Nor
- Citation
- AB-41S-4-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-41S-4-06/2019 (Mahkamah Tinggi)
The High Court held the magistrate did not commit an appealable error: child witnesses were competent and any irregularity in holding the s.133A inquiry after oath was curable and caused no prejudice; prior incidents were inadmissible and were not considered; delay in investigation did not prejudice the defence given overwhelming evidence; conviction under s.354 PC was safe. However, sentencing was excessive in context and was varied under s.316 CPC to substitute imprisonment with a RM5000 fine based on mitigating factors (age, remorse, apology, financial hardship, rehabilitation) and discret…