IBRAHIM BIN SHAHARI v Pendakwa Raya

aa-41sa-7-12-2023 High Court (Mahkamah Tinggi) 19 March 2025 • AA-41S(A)-7-12/2023

Catchwords

CRIMINAL PROCEDURE: Appeal – Appellate court – Duty to assess whether conviction is safe – No error of law or fact shown – Trial court’s finding based on credible testimony – Conviction upheld CRIMINAL PROCEDURE: Defence – Bare denial – Appellant unable to offer plausible explanation or alternative version – Vague claims of accident contradicted by consistent testimony and eyewitness evidence CRIMINAL PROCEDURE: Sentencing – Discretion of trial judge – Sentence not manifestly excessive or inadequate – Appellate court slow to interfere – Sentencing discretion properly exercised – Sentence of imprisonment and fine affirmed CRIMINAL PROCEDURE: Prosecution – Failure to call witness – Prosecution not bound to call every witness – Evidence adduced sufficient to prove charge beyond reasonable doubt – No adverse inference drawn EVIDENCE: Corroboration – Sexual offence – Corroboration not mandatory where complainant’s evidence unusually convincing – Evidence of independent eyewitness present – Complainant’s version credible and consistent EVIDENCE: Credibility of witness – Trial court's findings on credibility – Complainant’s testimony clear and consistent despite cross-examination – No reason for appellate interference

Practice Areas

CRIMINAL PROCEDURE: Appeal

Judges (1)

Moses Susayan Delivered

Parties (2)

Pendakwa Raya Respondent Ibrahim bin Shahari Appellant

Case Significance

IBRAHIM BIN SHAHARI v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated March 19, 2025 (citation: aa-41sa-7-12-2023). The case was decided by Moses Susayan.

What was the outcome of IBRAHIM BIN SHAHARI v Pendakwa Raya?

IBRAHIM BIN SHAHARI v Pendakwa Raya is a High Court decision dated March 19, 2025. The case was heard by Moses Susayan. See the full judgment for details.