Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Use of criminal force

  • 24 Jun 2024

    WONG YUNG HAO

    Citation
    WA-83JS-248-08/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83JS-248-08/2022 (Mahkamah Majistret)

    Prosecution proved beyond a prima facie standard that the accused intentionally used criminal force on the complainant on three occasions within a single transaction and with intent to outrage her modesty; SP1’s evidence was credible and consistent with CCTV and supporting witness SP2, defence explanations were inconsistent with the record and did not raise reasonable doubt; accordingly the accused is guilty under section 354 Penal Code and liable to sentence.

  • 15 Aug 2023

    ITA

    Citation
    BF-83JS-3-06/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BF-83JS-3-06/2023 (Mahkamah Majistret)

    Accused's guilty plea was accepted and credited but outweighed by the seriousness of the offence and public interest; therefore a custodial sentence of 4 years imprisonment from date of arrest plus a fine of RM3000 (or 12 months imprisonment if unpaid) was appropriate and proportionate under Section 354 Kanun Keseksaan to provide deterrence, protect the public and mark the gravity of the offence.