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.