Malaysia Case Law: Decisions & Judgments

Topic

Section 31(1)(a) child act 2001

Legal area

Court

30 Nov 2022

Norhana Binti Sahat 1. ) Nur Fatin Nabila Binti Azmi 2. ) Nik Faris Syazwan (Counsel for the accused) & Mohamad Shafiq (pupil) [Messrs Naim Mahmud, Faris & Nadia]

Citation

BK-62-24-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-62-24-06/2021 (Mahkamah Sesyen)

Accused convicted on guilty plea to section 31(1)(a) Child Act 2001; late guilty plea and serious, deliberate abuse of a 1 year 8 month old causing physical and psychological injury, and breach of trust as caregiver, meant public interest and deterrence outweighed mitigation; court imposed 18 months imprisonment (commencing 30.11.2022), bond RM5,000 for 2 years with one surety, monthly police reporting and 160 hours community service within 6 months.
31 May 2021

PENDAKWARAYA KHALIDAH BINTI ABDUL MAJID

Citation

WA-61-2-06/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-61-2-06/2020 (Mahkamah Sesyen)

Prosecution proved beyond reasonable doubt that the victim was a child in the accused's custody when she sustained multiple fresh blunt-force injuries; medical evidence placed injuries within 24 hours and defence explanations were inconsistent or unconvincing; accordingly the accused was guilty under s.31(1)(a) Child Act 2001 and convicted.
23 Apr 2021

PENDAKWARAYA NORAINI BINTI MOHAMAD

Citation

WA-62-66-07/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62-66-07/2020 (Mahkamah Sesyen)

Prosecution failed to discharge burden at close of its case because the circumstantial evidence (CCTV showing rough handling) did not form a complete chain of proof excluding the reasonable possibility that the injuries occurred while the child was in the parents' care; therefore no prima facie case was established and the accused was discharged without being called to enter her defence.
28 Sept 2020

VISWANATHAN A/L GANESAN TIMBALAN

Citation

JA-62-172-08/2017 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62-172-08/2017 (Mahkamah Sesyen)

The court found beyond reasonable doubt that the accused, as a person having care of the child, inflicted repeated non‑accidental physical injuries corroborated by the victim's evidence and medical examinations; the defence explanations were disbelieved and failed to raise reasonable doubt, therefore conviction under Section 31(1)(a) Child Act 2001 is proper and a two‑year custodial sentence is appropriate given the facts and lesser severity compared to cases involving fractures.

Malaysia Case Law

Norhana Binti Sahat 1. ) Nur Fatin Nabila Binti Azmi 2. ) Nik Faris Syazwan (Counsel for the accused) & Mohamad Shafiq (pupil) [Messrs Naim Mahmud, Faris & Nadia]

PENDAKWARAYA KHALIDAH BINTI ABDUL MAJID

PENDAKWARAYA NORAINI BINTI MOHAMAD

VISWANATHAN A/L GANESAN TIMBALAN