2 May 2024
SITI BAINUN BINTI AHD RAZALI [TIMBALAN ]
- Citation
- WA-42S-4-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42S-4-05/2023 (Mahkamah Tinggi)
WA-42S-4-05/2023 (Mahkamah Tinggi)
Malaysia Case Law
Neglect
3 May 2023
[TIMBALAN ] SITI BAINUN BINTI AHD RAZALI
- Citation
- WA-62-81-08/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-62-81-08/2021 (Mahkamah Sesyen)
Applying the prima facie test and full evaluation at trial end, the court found direct eyewitness evidence (SP5) corroborated by medical expert testimony and the victim's account established all elements of s31(1)(a) Child Act 2001; omission of sub‑section in second charge could be corrected under s158 KTJ; s112 investigative statements are privileged and nondisclosure lawful; alternative accident theory unproven and challenged by expert testimony and failure to call material proposed witnesses. Therefore prosecution proved both offences beyond reasonable doubt and convictions follow.
3 Aug 2021
LOH SEE LEI PENDAKWARAYA
- Citation
- BL-42H-2-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-42H-2-08/2020 (Mahkamah Tinggi)
Appeal partly allowed: the High Court found the trial judge placed undue emphasis on evidence of serious injury and facts exceeding the charge of causing pain to the body, making the custodial sentence manifestly excessive; therefore the five-year imprisonment was set aside and substituted with a fine of RM20,000 (or 12 months imprisonment if unpaid) while retaining a three-year good behaviour bond of RM10,000 with one surety.