Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 377d penal code
  • 2 Apr 2024

    Nor Hafiz Bin Hanapi [ ]

    Citation
    CB-41S(A)-3-07/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    CB-41S(A)-3-07/2023 (Mahkamah Tinggi)

    The High Court allowed the appeal because the convictions rested primarily on the complainant's testimony which was not shown to be unusually convincing and the supporting witness evidence derived from that complainant rather than providing independent corroboration; further, absence of clinical/treatment records, absence of testimony about accepted clinical procedure and the brief circumstances at the scene meant the prosecution failed to prove beyond reasonable doubt that the appellant exceeded clinical procedure or had criminal intent for offences under sections 354 and 377D, so conviction…