Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 14(a) sexual offences against children act 2017

Legal area

Court

17 Feb 2022

HARUN BIN DAHMAN

Citation

RA-42JSKH-1-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42JSKH-1-11/2020 (Mahkamah Tinggi)

High Court held prosecution did not make out a prima facie case at the close of its case because of material contradictions in key prosecution testimony (notably the child complainant's inconsistent accounts about the accused's clothing and who collected her) and the prosecution's failure to adduce an important exhibit (the sarong) which warranted an adverse inference; accordingly it was unsafe to call the accused to defend, conviction and sentence were quashed and the accused was acquitted and discharged.
24 Jul 2020

DOLLY BIN SUROP

Citation

BA-42JSKS-8-09/2019 dan BA-42JSKS-9-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42JSKS-8-09/2019 dan BA-42JSKS-9-09/2019 (Mahkamah Tinggi)

Proceeding with trial despite prior engagement of counsel and the counsel's non-appearance (and eventual death), without giving appellant reasonable time to secure representation, coupled with the trial judge's failure to comply with s257 CPC to explain principal prosecution points and to assess appellant's capacity to self-represent, deprived the appellant of a fair trial and occasioned a miscarriage of justice; convictions unsafe and must be quashed.