Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Child sexual offences

Legal area

Court

23 Oct 2025

ONG MUI SIA

Citation

KA-42JSKS-2-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

KA-42JSKS-2-04/2025 (Mahkamah Tinggi)

The appeal is dismissed because the indictment adequately alleged rape under s376(1) despite referencing the definitional provision; any omission in particulars was curable under s156 and s422 CPC; the trial judge's evaluation of credibility, demeanour and medical evidence was reasonable and not plainly wrong; therefore conviction and sentence are safe and should be upheld.
18 Jan 2022

MUHAMAD ROSRI ZALMI BIN MUHAMMAD (NO. K/P: 891029-06-5839)

Citation

CB-44-6-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-44-6-11/2021 (Mahkamah Tinggi)

Application to amend the notice of appeal to include conviction and for extension of time was dismissed. The court held that although imprisonment and COVID-19 restrictions are relevant, they do not automatically permit amendment that changes the fundamental basis of an appeal originally limited to sentence; allowing such amendment would prejudice the prosecution and undermine procedural certainty. The court emphasized the need for appellants to decide and state whether appeal is against conviction or sentence and that amendment is discretionary and not warranted on the facts presented.