3 May 2023
[TIMBALAN ] SITI BAINUN BINTI AHD RAZALI
- Citation
- WA-62-81-08/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-62-81-08/2021 (Mahkamah Sesyen)
Applying the prima facie test and full evaluation at trial end, the court found direct eyewitness evidence (SP5) corroborated by medical expert testimony and the victim's account established all elements of s31(1)(a) Child Act 2001; omission of sub‑section in second charge could be corrected under s158 KTJ; s112 investigative statements are privileged and nondisclosure lawful; alternative accident theory unproven and challenged by expert testimony and failure to call material proposed witnesses. Therefore prosecution proved both offences beyond reasonable doubt and convictions follow.