ROSLI BIN ABD RAHMAN v Pendakwa Raya
Catchwords
Criminal Law — Appeal against conviction and sentence — Sexual offences against children — Sexual communication, physical sexual assault, and rape by using position of authority — Whether trial judge erred in finding prima facie case — Whether conviction safe — Whether sentence manifestly excessive — Sexual Offences Against Children Act 2017, ss 11(1)(a), 14(a), (c), (d) — Penal Code, s 376(2)(f) Evidence — Credibility of witness — Child witness — Uncorroborated evidence — Court may convict on uncorroborated evidence of child if "unusually convincing" — Sexual Offences Against Children Act 2017, s 18 — Whether discrepancies in testimony material — Adverse inference — Failure to call material witnesses — Whether prosecution obliged to call every possible witness — Whether inference under s 114(g) Evidence Act 1950 warranted — Witnesses not eyewitnesses to sexual acts — No adverse inference drawn Criminal Procedure — Charge — Defective charge — Section 11(a) instead of s 11(1)(a) — Typographical error — Whether curable under s 422 Criminal Procedure Code — Accused not misled — Charge not defective — Prima facie case — Maximum evaluation — Whether prosecution evidence sufficient to call for defence — Section 182A Criminal Procedure Code — Trial judge's finding affirmed Sentencing — Rape and sexual offences against children — Principal in position of authority — Sexual grooming of minor — Sentence of 15 years imprisonment — Whether manifestly excessive — Mitigating factors considered — Aggravating factors overwhelming — Public interest — Sentence affirmed — Concurrent sentences — Multiple charges — Thirteen charges across five cases — Sentences ordered to run concurrently — Effective term of 15 years — Whether wrong in principle — Totality principle
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ta-42jsksa-3-06-2025)