ASIHAR BIN KAMARUDDIN v Pendakwa Raya

aa-42jsks-3-08-2024 High Court (Mahkamah Tinggi) 6 May 2025 • AA-42JSKS-3-08/2024

Catchwords

Criminal Law — Sexual Offences Against Children Act 2017 — s 14(a) — Physical sexual assault — Whether Sessions Judge erred in rejecting defence as afterthought — Whether line of defence was put during cross-examination — Whether failure to evaluate defence constituted material misdirection — Whether misdirection occasioned miscarriage of justice Evidence — Cross-examination — Scope and effect — Defence case put to complainant — Complainant denied — Whether trial court erred in holding defence not put — Whether failure to evaluate defence — Whether misdirection in law — Whether miscarriage of justice Evidence — Standard of proof — Reasonable doubt — Whether burden on prosecution discharged — Whether false or weak defence fatal to accused — Whether trial court misapplied test of inherent reasonableness Criminal Law — Sexual Offences Against Children Act 2017 s 14(a) — Physical sexual assault — Whether complainant under 18 years — Whether age proven beyond reasonable doubt — Whether IC sufficient to prove age — Whether burden on prosecution discharged Criminal Procedure — Appeal — Sentence — Judicial discretion — Whether sentence within legal bounds — Whether Sessions Court imposed sentence with rational consideration of all relevant factors — Whether discretion exercised in unauthorised, extraneous or irrelevant manner — Whether appellate court should interfere

Practice Areas

Criminal Law

Judges (1)

Moses Susayan Delivered

Parties (2)

Pendakwa Raya Respondent Asihar bin Kamaruddin Appellant

Case Significance

ASIHAR BIN KAMARUDDIN v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated May 6, 2025 (citation: aa-42jsks-3-08-2024). The case was decided by Moses Susayan.

What was the outcome of ASIHAR BIN KAMARUDDIN v Pendakwa Raya?

ASIHAR BIN KAMARUDDIN v Pendakwa Raya is a High Court decision dated May 6, 2025. The case was heard by Moses Susayan. See the full judgment for details.