21 Dec 2021
CHAN KOK POH PUBLIC PROSECUTOR
- Citation
- JB-42(ORS)-2-02/2021 (Mahkamah Tinggi)
- Court
- ORS
- Case number
- JB-42(ORS)-2-02/2021 (Mahkamah Tinggi)
The High Court has discretion under s.30 and s.84 Courts of Judicature Act to decline transmission of constitutional questions; s.18 Sexual Offences Against Children Act 2017 is a specific provision applicable to child victims and does not, on proper harmonious construction, render the Evidence Act or constitutional protections inapplicable or relieve the prosecution of its burden; absent clear constitutional violation the presumption of constitutionality applies and s.18 is not struck down. The appeals are dismissed and the trial is remitted to the Sessions Court.