Malaysia Case Law: Decisions & Judgments

Topic

Section 509 penal code (insulting modesty)

Legal area

Court

25 Nov 2024

LIM WEI KEAT

Citation

PA-83JS-16-11/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-83JS-16-11/2024 (Mahkamah Majistret)

The court accepted the voluntary guilty plea and evidence establishing all elements of Section 509; aggravating factors—deliberate covert recording of a woman showering, breach of trust while residing in victim's home, multiple videos and victim trauma—outweighed personal mitigation; public interest and need for deterrence justified a custodial sentence; accordingly the defendant was convicted under Section 509 Penal Code and sentenced to six months imprisonment from date of arrest (21 November 2024).
3 Dec 2023

ABDUL KARIM BIN ABDUL AZIZ

Citation

JA-82-4-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-82-4-01/2020 (Mahkamah Majistret)

Applying a maximum evaluation the court found the prosecution failed to establish a prima facie case under s.509: the complainant's late police report lacked adequate explanation; the internal written complaint (Exhibit D4/D4A) did not allege sexual harassment; prosecution failed to call material witnesses who allegedly received earlier reports; these gaps and permissible inferences favored the accused, therefore the accused was discharged and released without being called to enter his defence.
3 Dec 2023

ABDUL KARIM BIN ABDUL AZIZ

Citation

JA-82-3-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-82-3-01/2020 (Mahkamah Majistret)

Applying maximum evaluation the court found the prosecution failed to prove a prima facie case under s.509: complainant evidence was uncorroborated, there was an unexplained delay in reporting, exhibits D4/D4A did not support allegations of sexual harassment, and prosecution failed to call material witnesses whose evidence could affect the narrative; therefore accused was discharged and acquitted without being called to enter his defence.

Malaysia Case Law

LIM WEI KEAT

ABDUL KARIM BIN ABDUL AZIZ

ABDUL KARIM BIN ABDUL AZIZ