Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentence concurrency and totality principle
  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)

    The court accepted the sworn testimony of the child victim as competent, credible and reliable under ss.17–18 Akta 792; medical evidence of old hymenal tears corroborated penetration; defence alibi and interested witness evidence failed to raise reasonable doubt; inconsistencies were minor and immaterial; therefore prosecution proved elements of sexual assault (s.14(a) Akta 792) and rape (s.376(2)(f) Kanun Keseksaan) beyond reasonable doubt and the conviction and sentences as imposed were justified and affirmed, with ancillary orders for counselling, police supervision and compensation upheld…