Pendakwa Raya v MOHD ASNAN BIN MAT ARIS

ca-42jskh-9-07-2024 High Court (Mahkamah Tinggi) 9 October 2025 • CA-42JSKH-9-07/2024

Catchwords

Criminal law — Sexual offences against children — Physical sexual assault — s. 14(a) Sexual Offences Against Children Act 2017 (Act 792) — Victim aged 11 years — Touching of breast — Actus reus and mens rea proved Evidence — Child witness — Competency — Unsworn evidence — s. 18 Act 792 — Whether corroboration required — Evidence found unusually convincing — Conviction safe Criminal procedure — Close of prosecution case — Prima facie case — Accused called to enter defence — Proper exercise of judicial discretion Appeal — Findings of fact — Trial judge’s evaluation of credibility — Defence version rejected — No misdirection — Appellate restraint Sentence — Imprisonment and caning — Accused above 50 years — Caning permitted under s. 25 Act 792 — Rehabilitation counselling (s. 26) — Police supervision (s. 27) — Sentencing principles — Proportionality — Public interest Appeal against sentence — Prosecution and defence appeals — Sentence neither manifestly excessive nor manifestly inadequate Outcome – Appeal by Public Prosecutor dismissed — Appeal by accused dismissed — Conviction and sentence affirmed.

Practice Areas

Criminal Law Criminal Procedure

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (2)

Pendakwa Raya Appellant Mohd Asnan bin Mat Aris Respondent

Judgment

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Read on eJudgment

Source: eJudgment (ca-42jskh-9-07-2024)