Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Rehabilitative counselling

  • 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…

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-40-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-40-12/2023 (Mahkamah Sesyen)

    The court convicted the accused on all seven charges because the child complainant was competent and her sworn testimony was found credible and corroborated by medical findings and supporting witnesses; the defence alibi and interested defence witnesses failed to create reasonable doubt; sentencing followed statutory ranges and relevant principles, ordering specified prison terms and strokes with all sentences to run concurrently, counselling and police supervision, and compensation; the court refused to amend charges or apply a sentencing provision not included in the charge.

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)

    The court accepted the child victim's sworn testimony as competent, credible and sufficient under ss.17 and 18 Akta 792, corroborated by medical findings and supporting witnesses; defence alibi and interested witness testimony were unreliable; thus elements of sexual assault under s.14(a) Akta 792 and rape under s.376(2)(f) Kanun Keseksaan were proved beyond reasonable doubt, warranting conviction and the sentencing orders made (concurrent imprisonment terms, caning as per statutes, compensation, rehabilitative counselling and police supervision).

  • 26 Apr 2024

    MOHD ALI BIN HASSAN

    Citation
    AC-62JSK-23-12/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AC-62JSK-23-12/2022 (Mahkamah Sesyen)

    The court found the prosecution proved beyond reasonable doubt the elements of Section 14(a) Akta 792 based on a competent and consistent child witness whose testimony was unusually convincing and corroborated by supporting witnesses and photographic identification; the accused's denial was mere denial and did not raise reasonable doubt; accordingly the accused was convicted under Section 14(a) and sentenced to three years' imprisonment with rehabilitative counselling during incarceration and one year police supervision after release; whipping was not imposed given judicial discretion and the…

  • 11 Oct 2023

    MUHAMMAD HAZIM NAZMI BIN HUSSEIN

    Citation
    AA-62JSK-77-08/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AA-62JSK-77-08/2023 (Mahkamah Sesyen)

    Offence falls squarely within section 376(2)(d) requiring the statutory minimum imprisonment of ten years and whipping; having weighed aggravating factors (seriousness of sexual offence against a 10‑year‑old, public interest and deterrence) against mitigation, the court imposed the statutory minimum imprisonment and whipping together with police supervision and rehabilitative counselling as permitted by sections 295(1A) and 295(1).

  • 14 Oct 2019

    PENDAKWARAYA Osman bin Maimon

    Citation
    AB-42JSKS-4-05/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42JSKS-4-05/2019 (Mahkamah Tinggi)

    High Court held imprisonment of 10 years on each count (minimum under section 376B(1)) to run consecutively was not manifestly excessive given distinct offences, victim's age and resulting childbirth; whipping was excessive in number given appellant's age and cumulative imprisonment and was reduced from 10 strokes per count to 3 strokes per count; appellate court may impose police supervision for 3 years and rehabilitative counselling under CPC to fill omission by trial court.