Malaysia Case Law: Decisions & Judgments

Topic

Physical sexual assault on a child

Legal area

Court

16 Jan 2026

MOHD FAZLI BIN RAMLI

Citation

AB-62JSK-2-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AB-62JSK-2-02/2023 (Mahkamah Sesyen)

The court convicted the accused under s.14(a) Akta 792 because the child complainant was competent and her sworn testimony was consistent and credible; supporting testimony and exhibits reinforced that finding; inconsistencies and delay were immaterial to substantive elements; defence amounted to bare denial and afterthought and did not raise reasonable doubt; discretionary adverse inference under s.114(g) was not justified; sentencing followed statutory requirements including imprisonment (to run from date of conviction), three strokes of the rotan, rehabilitative counselling and police supe…
21 Feb 2025

NIK NUZRI BIN NIK MAHMOOD

Citation

BC-62JSK-44-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BC-62JSK-44-07/2022 (Mahkamah Sesyen)

Victim's consistent, credible testimony corroborated by the mother's recorded statement proved beyond reasonable doubt the elements of Section 14(a); the accused's defence was a mere denial/afterthought that failed to raise reasonable doubt, therefore the accused is convicted on both counts and sentenced accordingly.
30 May 2023

SHAHMELY BIN MOHAMAD

Citation

JD-62JSK-22-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JD-62JSK-22-12/2021 (Mahkamah Sesyen)

The court convicted because the complainant's sworn testimony was credible and consistent, corroborated by contemporaneous statements, family witnesses and investigative exhibits; the defence alibi was held to be an afterthought, insufficiently supported and not credible; on maximum evaluation the prosecution proved the elements of s.14(a) (sexual touching of a child) and the additional punishment under s.16(1) beyond reasonable doubt, warranting the imposed custodial sentence and ancillary orders.
30 Mar 2023

NOOR AZMI BIN IBRAHIM [ ]

Citation

AB-42JSKS(A)-2-02/2022 (Mahkamah Tinggi)
Court

A
Case number

AB-42JSKS(A)-2-02/2022 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the trial judge properly assessed demeanour and credibility, found child witnesses competent and corroborated, explained delay and absence of malice, concluded the defence was a bare denial failing to raise reasonable doubt, held that elements of s.14 and s.16 SOAC Act 2017 were proved beyond reasonable doubt, and that the imposed concurrent/consecutive sentences were lawful and proportionate.
12 Aug 2022

ABIDIN BIN ABDULLAH [ ]

Citation

BA-42JSKH-12-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42JSKH-12-10/2021 (Mahkamah Tinggi)

The High Court upheld the sentencing judge's exercise of discretion as lawful and appropriate: the sentencing judge properly considered aggravating factors (abuse of trust, harm to child, public interest and deterrence), applied relevant statutory provisions (s14 and s16(1) Act 792), and the aggregate sentence (15 years' imprisonment concurrent for each count, mandatory whipping) was not manifestly excessive or wrong in law; therefore the appeal against sentence is dismissed.
26 Oct 2021

MOHD RASUL BIN MAT LASI PUBLIC PROSECUTOR

Citation

JB-42JSKS-1-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42JSKS-1-01/2020 (Mahkamah Tinggi)

Prosecution proved the essential elements of s.14(a) Sexual Offences Against Children Act 2017 beyond reasonable doubt; the time stated in the charge was a reasonable approximation; PW3's written statement and viva voce evidence were admissible under s.402B CPC and child‑evidence provisions; PW3 and PW4 were competent despite intellectual disabilities and their evidence was corroborated by conduct and exhibits; defence failed to raise reasonable doubt; conviction and sentence affirmed with variation of 2 years police supervision post‑release.

Malaysia Case Law

MOHD FAZLI BIN RAMLI

NIK NUZRI BIN NIK MAHMOOD

SHAHMELY BIN MOHAMAD

NOOR AZMI BIN IBRAHIM [ ]

ABIDIN BIN ABDULLAH [ ]

MOHD RASUL BIN MAT LASI PUBLIC PROSECUTOR