Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sexual touching of a child

Legal area

Court

31 Jul 2024

PENAMA XXXX

Citation

AC-84-6-06/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AC-84-6-06/2024 (Mahkamah Majistret)

The court accepted the probation report and considered the child's age (14), first offender status, family support, remorse and the absence of indicators requiring institutional detention; balancing public interest with the child's welfare the court held rehabilitation and supervision via a two‑year good behaviour bond under s.91(1)(b) read with s.93(1)(a)(b) Child Act 2001 (plus reporting to JKM and monthly psychology sessions) was proportionate and appropriate rather than custody.
16 May 2022

NOR AZLAM BIN AB RAHMAN [ ]

Citation

DA-42JSKS(A)-1-10/2019 (Mahkamah Tinggi)
Court

A
Case number

DA-42JSKS(A)-1-10/2019 (Mahkamah Tinggi)

The appellate court found the complainant was a child, was competent to give evidence, and her detailed testimony supported by a schoolmate and the mother satisfied all elements of section 14(a) AKSTK beyond reasonable doubt; inconsistencies were not material; defence of lawful religious treatment was rejected; appeal against conviction and sentence dismissed and original sentence of 8 years imprisonment plus one stroke of the cane upheld to run from 16 May 2022.