Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentence appropriateness
  • 23 Jan 2026

    SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

    Citation
    BA-42S-9-09/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-9-09/2024 (Mahkamah Tinggi)

    The High Court correctly treated the appellate order to call the accused to enter his defence as an indication that a prima facie case existed; on full evaluation of the total evidence including the complainant's testimony and supporting material (background, conduct after the event, medical/psychiatric evidence), the elements of rape under s.376(1) were proved beyond reasonable doubt; the accused's inconsistent and unsupported defence failed to raise reasonable doubt; the sentence of 10 years imprisonment and three strokes was not grossly inadequate and should be upheld; suspension of execut…