Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Abuse of trust

  • 2 Oct 2025

    JENKINS RICHARD MAXWELL

    Citation
    BC-62JSK-115-08/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BC-62JSK-115-08/2022 (Mahkamah Sesyen)

    The prosecution proved all essential elements of the offences beyond reasonable doubt by credible and consistent child testimony corroborated by medical evidence and exhibits; the amended charges were properly made without causing prejudice; procedural objections (preliminary inquiry, deposition requirement, absence of interpreter) did not cause miscarriage of justice; the accused's denial and late defenses (coaching, threats, erectile dysfunction) were uncorroborated and thus insufficient to create reasonable doubt, warranting conviction.

  • 22 Sept 2025

    MOHD NORGIHAN BIN AWANG [ ]

    Citation
    DA-42JSKH-2-01/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-42JSKH-2-01/2025 (Mahkamah Tinggi)

    The High Court held there was no misdirection or error in principle by the trial judge: the sentence imposed was within statutory limits, properly considered aggravating and mitigating factors including abuse of trust, the offences were distinct on different dates so consecutive sentences were appropriate, and therefore the appeal against sentence is dismissed and the trial court's sentences are affirmed.

  • 13 Sept 2023

    MOHD KHAIRIL BIN IDRIS

    Citation
    WA-62JSK-80-09/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62JSK-80-09/2023 (Mahkamah Sesyen)

    Accused's unchallenged factual admissions established the offence of physical sexual molestation of a 15-year-old; balancing mitigating factors (early plea, remorse, first offence, personal circumstances) against aggravating factors (abuse of trust as uncle, application of force and threats, public interest) warranted a custodial sentence of 7 years, 3 strokes, mandatory rehabilitation counselling during imprisonment and 2 years police supervision after release.

  • 12 Aug 2022

    ABIDIN BIN ABDULLAH [ ]

    Citation
    BA-42JSKH-13-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKH-13-10/2021 (Mahkamah Tinggi)

    The High Court upheld the trial judge's exercise of discretion and the concurrent 15‑year imprisonment terms with mandatory two strokes whipping per relevant count because the sentencing judge properly weighed aggravating factors (abuse of trust, harm to child, public interest) and mitigation and the resulting sentence was not manifestly excessive or wrong in law.

  • 12 Aug 2022

    ABIDIN BIN ABDULLAH [ ]

    Citation
    BA-42JSKH-12-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKH-12-10/2021 (Mahkamah Tinggi)

    The High Court upheld the sentencing judge's exercise of discretion as lawful and appropriate: the sentencing judge properly considered aggravating factors (abuse of trust, harm to child, public interest and deterrence), applied relevant statutory provisions (s14 and s16(1) Act 792), and the aggregate sentence (15 years' imprisonment concurrent for each count, mandatory whipping) was not manifestly excessive or wrong in law; therefore the appeal against sentence is dismissed.