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

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (2)

Pendakwa Raya Appellant Mohd Asnan bin Mat Aris Respondent

Case Significance

Pendakwa Raya v MOHD ASNAN BIN MAT ARIS is a High Court (Mahkamah Tinggi) decision dated October 9, 2025 (citation: ca-42jskh-9-07-2024). The case was decided by Mohd Radzi bin Harun.

What was the outcome of Pendakwa Raya v MOHD ASNAN BIN MAT ARIS?

Pendakwa Raya v MOHD ASNAN BIN MAT ARIS is a High Court decision dated October 9, 2025. The case was heard by Mohd Radzi bin Harun. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

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