Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ill-treatment under child act 2001

  • 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.

  • 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).