2 May 2024
SITI BAINUN BINTI AHD RAZALI [TIMBALAN ]
- Citation
- WA-42S-4-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42S-4-05/2023 (Mahkamah Tinggi)
WA-42S-4-05/2023 (Mahkamah Tinggi)
Malaysia Case Law
Child abuse
22 Apr 2024
MARIYANI BINTI HARUN
- Citation
- AA-62-25-04/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-62-25-04/2022 (Mahkamah Sesyen)
The court found prosecution proved that the accused had care of the children and that the children suffered physical injuries, but prosecution failed to prove that the accused caused those injuries or was responsible for them; absent evidence directly linking the accused to the injuries and given other occupants in the house and evidentiary gaps (untendered photos/videos, unclear timing), no prima facie case existed and acquittal and discharge at end of prosecution case was required.
16 Jan 2024
HAIRUL AZHAM BIN HAZELAN [ ]
- Citation
- B-09-195-05/2022 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- B-09-195-05/2022 (Mahkamah Rayuan)
The use of the term 'penderaan' in the first charge and any omission of detailed particulars did not prejudice the appellant because the manner of the alleged offences was established in the prosecution evidence, the appellant was able to mount a full defence, and statutory provisions (notably ss156 and 422 CPC) and authority permit non-fatal defects to be cured; furthermore the trial judge's credibility findings were properly made and not to be disturbed on appeal; therefore conviction and sentence were affirmed.
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.
30 Nov 2022
NUR FATIN NABILA BINTI AZMI
- Citation
- BK-62-24-06/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK-62-24-06/2021 (Mahkamah Sesyen)
Given the deliberate abuse of a one-year eight-month-old in the accused’s care, the documented physical and psychological injuries, the breach of trust, delay in pleading guilty and need for public deterrence, a custodial sentence was proportionate; therefore the accused was convicted and sentenced to 18 months imprisonment with ancillary orders under s31(2).
30 Nov 2022
Norhana Binti Sahat 1. ) Nur Fatin Nabila Binti Azmi 2. ) Nik Faris Syazwan (Counsel for the accused) & Mohamad Shafiq (pupil) [Messrs Naim Mahmud, Faris & Nadia]
- Citation
- BK-62-24-06/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK-62-24-06/2021 (Mahkamah Sesyen)
Accused convicted on guilty plea to section 31(1)(a) Child Act 2001; late guilty plea and serious, deliberate abuse of a 1 year 8 month old causing physical and psychological injury, and breach of trust as caregiver, meant public interest and deterrence outweighed mitigation; court imposed 18 months imprisonment (commencing 30.11.2022), bond RM5,000 for 2 years with one surety, monthly police reporting and 160 hours community service within 6 months.
23 Apr 2021
PENDAKWARAYA NORAINI BINTI MOHAMAD
- Citation
- WA-62-66-07/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-62-66-07/2020 (Mahkamah Sesyen)
Prosecution failed to discharge burden at close of its case because the circumstantial evidence (CCTV showing rough handling) did not form a complete chain of proof excluding the reasonable possibility that the injuries occurred while the child was in the parents' care; therefore no prima facie case was established and the accused was discharged without being called to enter her defence.
28 Sept 2020
VISWANATHAN A/L GANESAN TIMBALAN
- Citation
- JA-62-172-08/2017 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-62-172-08/2017 (Mahkamah Sesyen)
The court found beyond reasonable doubt that the accused, as a person having care of the child, inflicted repeated non‑accidental physical injuries corroborated by the victim's evidence and medical examinations; the defence explanations were disbelieved and failed to raise reasonable doubt, therefore conviction under Section 31(1)(a) Child Act 2001 is proper and a two‑year custodial sentence is appropriate given the facts and lesser severity compared to cases involving fractures.
29 Jun 2020
NOOR AMIE BINTI ABD. RAHMAN
- Citation
- PA-42H-28-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-42H-28-12/2019 (Mahkamah Tinggi)
The High Court held the 5-year custodial sentence was appropriate and must be upheld given the serious, repeated physical injuries (including burns and fractures) and significant long-term mental harm to the child; appellate intervention was unwarranted on the main sentence but ancillary conditions were excessive and were therefore modified (reporting and counselling period reduced from 2 years to 1 year) while community service (160 hours) and bond (RM5,000 for 2 years) were maintained.
13 Nov 2019
Asmarani binti Ghazali
- Citation
- N-05(H)-492-10/2018 (Mahkamah Rayuan)
- Court
- H
- Case number
- N-05(H)-492-10/2018 (Mahkamah Rayuan)
The Court held the 18 month sentence was manifestly inadequate given the deliberate abusive act that caused the death of a vulnerable child, the statutory purpose and increased penalties under the Child Act 2001, and the need for deterrence and public interest; accordingly the appeal was allowed and the sentence increased to 10 years' imprisonment.