The High Court convicted BDA of outraging modesty, rape, and aggravated outrage of modesty against his biological mother, admitting his statements and imposing 16 years and 18 strokes.
The High Court held the trial judge was not plainly wrong to find the complainant's evidence unusually convincing; the appellant's own voluntary statement (P21) constituted independent corroboration of the physical act; there were no reasonable grounds to conclude the prosecution breached its Kadar disclosure obligation; and the sentences imposed were not manifestly excessive, therefore the appeal against conviction and sentence was dismissed.
High Court appeal over rape and molestation convictions was dismissed. Fresh medical evidence of erectile difficulties did not create reasonable doubt.
The High Court acquitted the accused of impersonating a police officer, but convicted him of outraging modesty, sexual assault and rape, imposing 12 years and 12 cane strokes.
The High Court allowed the appeal, quashed four convictions for outraging modesty, and acquitted the appellant because the complainant’s evidence was unsafe.
Outraging modesty
Section 354 penal code
Section 73(2) penal code - employer of domestic maid
The High Court sentenced a repeat offender to imprisonment and caning for two aggravated rapes, housebreaking and theft, and aggravated outrage of modesty.
The Court of Appeal overturned an acquittal on a 1996 outraging modesty charge, holding the child complainant’s evidence was distinct, credible, and not undermined by lack of corroboration.
The High Court held that outstanding charges not before it could not be taken into account when sentencing, and imposed imprisonment and caning for rape and outrage of modesty.
Rape
Outraging modesty
Consideration of outstanding charges in sentencing