Section 18 Sexual Offences Against Children Act

Notwithstanding anything contrary in any other written law, in any proceedings against
any person relating to any offence under this Act, or any offence specified in the Schedule
where the victim is a child, the court may convict such person of such offence on the basis
of the uncorroborated evidence of a child, given upon oath or otherwise.

1) Introduction
a) When S 18 SOACA is introduced?
b) Why S 18 SOACA is introduced?
c) Elements
 Accused commits an offence under the Act, or an offence specified in the
Schedule
 Child is a victim and acts as a witness
 Child can give corroborated / uncorroborated evidence
 Child can give sworn or unsworn statement
d) Operation of S 18 SOACA
 Will S 18 SOACA affect the previous EA ruling on sexual offence cases?
 Cases showing S 18 SOACA operates prospectively / retrospectively.

2) Scope of application of SOACA

a) Section 2 SOACA
b) 2 cases showing application of S 18 SOACA

3) Is a child competent to testify in court?

a) Section 118 EA, Section 133A EA, Section 17 SOACA
b) Cases involving child witness
 1 on sexual offences
 1 on other offences
c) Is the SOACA contrary to EA on the face of it?
d) Briefly discuss:
 Can court relied on evidence from child witness to convict a person?
 If yes, then how the court deal with such child evidence or how far can the child
evidence be admitted?

4) Corroboration
a) What is corroboration? Thavanathan
b) Y corroboration is needed? Cases
c) When corroboration is needed? Cases
d) Section 134 EA
 Aziz Muhamad Din
e) Test for corroboration
 R v Baskerville / Dowse v AG

5) Whether the Accused can be convicted based on an uncorroborated evidence of a child

witness?
a) GR: Proviso to S 133A EA + Cases
b) E: S 18 SOACA + Cases
  Why are there different considerations for court to deal with the child evidence
between sexual offences and other offences involving a child (as a
victim/accused)?
c) S 18 SOACA prevails over S 133A EA?
 Is S 133A of EA being abolished/overruled by S 18 SOACA?
 Cases

6) Unsworn evidence of child witness TJ

a) S 133A EA + Cases
b) S 18 SOACA + Cases
c) Why child witness is allowed to give an unsworn statement? Cases
d) The effect of the unsworn evidence of child witness. Cases

7) Manner of giving evidence by child witnesses TJ

a) S 4 of ECWA: By having a screen between him and the Accused
b) S 4(2) of ECWA: By live link
c) S 3(2) of ECWA: By video recording
d) Cases

8) Comparative Study on Child witness in Malaysia and United Kingdom

a) Is a child competent to testify in court?
b) Whether the Accused can be convicted based on an uncorroborated evidence of a
child witness?
c) Unsworn evidence of child witness
d) Manner of giving evidence by child witnesses
e) Refer:
 s38 of Children & Young Persons Act 1933 (UK)
 Criminal Justice Act 1991 (UK)

9) Findings
a) Is the court bound to convict the accused based on corroborated evidence of a child
witness under EA?
b) Can the court convict the accused based on uncorroborated evidence of a child
witness under EA?
c) Is the court bound to convict the accused when the child giving uncorroborated
evidence based on SOACA?
d) Can the court insist to have corroborated evidence of the child witness to convict the
Accused based on SOACA?

10) Conclusion