22 Jul 2020
PUBLIC PROSECUTOR;KAMARUL AZAMIN BIN MOHAMAD KAMARUL AZAMIN BIN MOHAMAD; PUBLIC PROSECUTOR
- Citation
- WA-42JSKH-1-01/2019; WA-42JSKS-1-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42JSKH-1-01/2019; WA-42JSKS-1-01/2019 (Mahkamah Tinggi)
The High Court held the proved facts (touching over clothing and compelling the child to touch the teacher) did not satisfy the statutory and factual threshold for s377E but constituted assault/criminal force with intent to outrage modesty under s354; the Sessions Court erred in relying on the school's internal investigation and the judge's site visit when sentencing; accordingly the conviction was recorded under s354 and the sentence was varied to fines of RM10,000 for each charge given mitigation and first offender status.