Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Child witness testimony

Legal area

Court

20 Jul 2025

MUHAMMAD AZIEM BIN MUZAYING

Citation

DJ-61JSK-4-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DJ-61JSK-4-08/2022 (Mahkamah Sesyen)

Court accepted the child victim's testimony as credible and sufficiently detailed to prove both elements of s14(a) AKSTKK; under s2D a child’s uncorroborated testimony can support conviction; police report admissibility issues did not undermine oral evidence; prima facie case proven against Aziem and Riezman but not against Najwan, who was acquitted.
27 Nov 2023

NOR HAFIZ BIN HANAPI [Timbalan (TPR), Jabatan Peguam Negara]

Citation

CB-42JSKS(A)-1-02/2023 (Mahkamah Tinggi)
Court

A
Case number

CB-42JSKS(A)-1-02/2023 (Mahkamah Tinggi)

Appeal allowed and conviction set aside because the trial judge's reliance on the child witness and RVT recording without contemporaneous demeanour notes (s271 CPC) and absence of authoritative evidence on clinical treatment procedures created a material evidential gap as to whether the contact was sexual; the conviction was therefore unsafe.