MUHAMMAD BIN JUWAHIR@JUHIL v Pendakwa Raya
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Counsel (3)
Case Significance
MUHAMMAD BIN JUWAHIR@JUHIL v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated October 22, 2025 (citation: j-07-68-08-2025). <p>The appellant, convicted of physical sexual assault on a child under s.14(a) of the Sexual Offences Against Children Act 2017, applied to admit fresh medical evidence (stroke and erectile dysfunction reports) at the Court of Appeal stage. The key issue was whether the fresh evidence met the four cumulative requirements from Murugayah v PP, including due diligence, materiality, credibility, and potential to raise doubt. The Court of Appeal unanimously rejected the application, finding the evid The panel comprised Azmi bin Ariffin, Hayatul Akmal binti Abdul Aziz and Meor Hashimi bin Abdul Hamid, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Izleen binti Ismail (counsel for appellant), Mohd. Fuad bin Abdul Aziz (prosecution counsel).
Summary
The appellant, convicted of physical sexual assault on a child under s.14(a) of the Sexual Offences Against Children Act 2017, applied to admit fresh medical evidence (stroke and erectile dysfunction reports) at the Court of Appeal stage. The key issue was whether the fresh evidence met the four cumulative requirements from Murugayah v PP, including due diligence, materiality, credibility, and potential to raise doubt. The Court of Appeal unanimously rejected the application, finding the evidence lacked probative value and the appeal was only against sentence, not conviction.
What was the outcome of MUHAMMAD BIN JUWAHIR@JUHIL v Pendakwa Raya?
<p>The appellant, convicted of physical sexual assault on a child under s.14(a) of the Sexual Offences Against Children Act 2017, applied to admit fre...