29 Jul 2025
LIM YOKE PIN [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-42JSKS-3-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-42JSKS-3-06/2023 (Mahkamah Tinggi)
Appeal allowed and conviction and sentence quashed because the trial judge materially erred by failing to give proper judicial appreciation to the evidence: the judge conflated reliance on s18 with a finding that the child witness was 'unusually convincing', failed to identify independent corroboration (witnesses merely repeated SP6's account), did not adequately address inconsistencies and delays in the complainant's account, and improperly treated mere opportunity as dispositive; the findings were therefore unsafe and intervention was justified.