Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Rape of a child

  • 5 Feb 2026

    ABDUL HOFUR

    Citation
    BC-62JSK-2-01/2026 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BC-62JSK-2-01/2026 (Mahkamah Sesyen)

    Court accepted guilty pleas as mitigating but found aggravating factors (victim vulnerability, offender being foreign national, seriousness of repeated offences). Sentences must reflect public interest and deterrence within statutory maxima. Consequently the court convicted and imposed nine years imprisonment and one stroke for each count, to run concurrently, plus counselling during imprisonment under s.26 AKSTK and two years police supervision under s.27 AKSTK.

  • 15 Jan 2026

    RAMLI BIN MAT

    Citation
    RA-42JSKS-2-03/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    RA-42JSKS-2-03/2025 (Mahkamah Tinggi)

    The High Court upheld the trial judge's findings: the complainant's detailed sworn evidence, corroborated by medical evidence (fresh hymenal tear), blood on the victim's clothing confirmed by chemical analysis and semen linked to the scene, established penetration and the appellant's guilt; minor inconsistencies (including a reference to 'Aidil') were immaterial given the totality of evidence; absence of appellant DNA on some victim garments did not create reasonable doubt; appellate court will not disturb trial credibility findings; the imposed sentence was proportionate and justified.

  • 20 Nov 2025

    RAMLEE BIN IHSAN

    Citation
    BC-62JSK-137-11/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BC-62JSK-137-11/2024 (Mahkamah Sesyen)

    Court convicted the accused and imposed an eight-year imprisonment term because the gravity of the offence—rape of an 8-year-old by her step-grandfather—outweighed mitigating factors including guilty plea and the accused's health; caning was withheld on health grounds and custodial medical treatment was deemed available.

  • 17 Nov 2025

    ZULFAIZAL BIN HASHIM

    Citation
    DJ-62JSK-44-11/2025 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DJ-62JSK-44-11/2025 (Mahkamah Sesyen)

    Court held that offences occurred on two distinct dates and did not form one transaction; therefore sentences of 10 years imprisonment and 10 strokes for each count were lawful and should run consecutively to total 20 years imprisonment and 20 strokes because the aggregate is within statutory maxima under s.376(3) and not excessive under the totality principle; ancillary orders for counselling and two years police supervision under the Child Sexual Offences Act 2017 were appropriate.

  • 16 Jan 2024

    Yousaf Gul [Timbalan (TPR), Jabatan Peguam Negara]

    Citation
    BA-42JSKH-2-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKH-2-02/2023 (Mahkamah Tinggi)

    The court held the guilty plea was valid and safely accepted because the charge and factual basis were explained to the appellant in Pashto via an interpreter, the appellant personally admitted the facts without qualification, there was corroborative evidence (ID parade, medical reports, witness identification), and proceeding without defence counsel on that occasion did not occasion a failure of justice given the counsel's repeated non-attendance and the court's compliance with procedural safeguards; conviction and sentence were therefore upheld.

  • 24 Jun 2022

    MARZUKI BIN NASIRUDDIN

    Citation
    PB-62JSK-32-06/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    PB-62JSK-32-06/2021 (Mahkamah Sesyen)

    Court found accused guilty on admitted facts of incest/rape of his daughter; weighing public interest, gravity of offence, victim trauma and prevalence of such offences outweighed mitigation of guilty plea and first offender status; statutory framework permits severe punishment and court imposed 18 years imprisonment and 10 strokes plus supervisory and rehabilitative orders as proportionate deterrent and protection of public.

  • 2 Mar 2022

    SAMSUDIN BIN MD SUPPIAN

    Citation
    BA-42JSKH-4-08/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKH-4-08/2021 (Mahkamah Tinggi)

    The High Court held the guilty plea was voluntary and valid, the medical preliminary report and admitted facts sufficiently supported conviction, absence of a victim impact statement or full medical report did not vitiate the plea, and the prosecution's cross-appeal was allowed to increase the custodial sentence from 18 to 20 years given the gravity and repeated sexual exploitation of a young child; the appellant's challenge to conviction and sentence was dismissed otherwise.