Malaysia Case Law: Decisions & Judgments

Topic

Unnatural sexual intercourse

Legal area

Court

14 Nov 2024

MOHAMMAD IZAUDIN BIN ABD. WAHAB [ ]

Citation

DA-42S(A)-3-11/2023 (Mahkamah Tinggi)
Court

A
Case number

DA-42S(A)-3-11/2023 (Mahkamah Tinggi)

The appellate court upheld the convictions and sentences because a prior High Court judge had already found a prima facie case; the appellants' defence evidence failed to raise reasonable doubt on those findings, the trial judge's credibility assessments were entitled to deference, no misdirection was shown, and the sentences were not manifestly excessive given the seriousness and breach of public trust by police officers.
2 Aug 2023

ASHLEY ROLAND ROBERN [ ]

Citation

B-09(H)-307-08/2022 (Mahkamah Rayuan)
Court

H
Case number

B-09(H)-307-08/2022 (Mahkamah Rayuan)

The Court of Appeal found no error in the Sessions Court's exercise of sentencing discretion, held that the Sessions Court had properly considered mitigating factors including the appellant's youth and social report, concluded the High Court should not have increased the sentence, and restored the original sentences of five years imprisonment and one stroke of the rotan for each conviction while maintaining orders for counselling and police supervision.
4 Aug 2022

NGAH AZHAR BIN MAYA

Citation

AB-42H-4-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-42H-4-11/2021 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's decision that the aggregate 20 years imprisonment and 14 strokes were not manifestly excessive: the sentencing judge considered mitigation including the guilty plea and first offender status but concluded the gravity of the distinct offences (under different statutes), the age of the victim, the violence, recordings and threats warranted consecutive, deterrent sentences; totality principle was not offended as maximum possible exceeded aggregate and facts did not justify concurrency.
21 Jul 2022

ASHLEY ROLAND ROBERN [ ]

Citation

BL-42JSKH-9-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-42JSKH-9-02/2022 (Mahkamah Tinggi)

The High Court found no error in principle in the Sessions Court's exercise of sentencing discretion; given the gravity of sexual offences against a 15‑year‑old, the sentence was proportionate and appropriately balanced mitigation and public interest, therefore the Sessions Court sentence was upheld.

Malaysia Case Law

MOHAMMAD IZAUDIN BIN ABD. WAHAB [ ]

ASHLEY ROLAND ROBERN [ ]

NGAH AZHAR BIN MAYA

ASHLEY ROLAND ROBERN [ ]