27 May 2024
Hendra Bin Mulana
- Citation
- A-09-279-11/2023 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- A-09-279-11/2023 (Mahkamah Rayuan)
The court held that the prosecution proved a prima facie case, s.20 of the 2017 Act is a statutory rebuttable presumption which, once engaged, placed the burden on the appellant to show on the balance of probabilities that he took all reasonable steps to ascertain the victim's age; the appellant failed to rebut the presumption because the photos, videos and communications demonstrated the victim was a child and his explanations were implausible, therefore conviction and the reduced sentences (10 years imprisonment per count, concurrent, and whipping plus ancillary orders) were affirmed.