IBRAHIM BIN SHAHARI v Pendakwa Raya

aa-41sa-7-12-2023 High Court (Mahkamah Tinggi) 19 March 2025 • AA-41S(A)-7-12/2023 • 18 min read

16 cases cited (1 SG, 15 foreign)

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

Judges (1)

Moses Susayan Delivered

Counsel (5)

Amir Khusyairi & Associates Firm Perak Legal Advisor Offices Firm Amir Khusyairi bin Mohd Tanusi Counsel Accused Khazrin Haffiz bin Khalil Counsel Prosecution Nur Faziera Aliah binti Ahmad Counsel Accused

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.

Statutes Cited

Penal Code (Cap 574)

s 354

Cases Cited (16)

SLR (1)

[2000] 4 SLR 96

UK (1)

[1952] AC 525

MY (14)

[1950] 1 MLJ 33 [1969] MLRA 382 [1982] 1 MLJ 83 [2004] 6 AMR 825 [2005] 1 CLJ 389 [2005] 5 MLJ 409 [2013] 8 CLJ 359 [2014] 1 MLJ 363 [2019] MLJU 361 [2020] 1 CLJ 548 [2020] 7 CLJ 388 [2021] 2 CLJ 386 [2021] 4 AMR 721 [2021] 8 MLJ 502

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-41sa-7-12-2023)