Wong Siong Tung JC:

GROUNDS OF DECISION

Introduction

[1]On 9.10.2017, the Appellant was charged for an offence under section 509Penal Code

[2]The Appellant was then self-represented. He pleaded guilty to the charge after the charge and punishment under section 509Penal Code

[3]The learned Magistrate accepted the Appellant’s guilty plea. After the Appellant admitted to the correctness of facts of the case read and explained to him and admission of the documents and photographs tendered by the prosecution as evidence, the learned Magistrate convicted the Appellant of the offence as charged and sentenced the Appellant to six (6) months imprisonment and a fine of RM5,000.00, in default two (2) months imprisonment.

[4]By his counsel, the Appellant appealed to this Court against the conviction and sentence imposed by the learned Magistrate.

[5]On 19.10.2017, the learned Magistrate granted a stay of execution of the sentence pending appeal and the Appellant was also granted bail of RM5,000.00 with two sureties which the Appellant procured and who had signed bonds. The Appellant was thus released on bail pending the appeal.

The Charge

[6]To protect the identity of the victim or main complainant in the offence, I will not refer to her by her full name and reveal her identity card number. Instead, I will refer to her as “Ms. N”.

[7]The charge against the Appellant in the Magistrates’ Court reads as follows:

Bahawa kamu pada atau sekitar 10 haribulan september tahun 2017 jam lebih kurang 12.45 tengah hari bertempat di tandas awam perempuan aras 2 Lapangan Terbang Labuan Wilayah Persekutuan Labuan, di dalam Wilayah Persekutuan Labuan, dengan niat telah merakam video untuk menceroboh hak persendirian XXXXXXXXXXX KPT:XXXXXXXXXX (Ms. N) dan bahawa kamu adalah dengan ini melakukan suatu kesalahan yang boleh dihukum di bawah seksyen 509 Kanun Keseksaan. (Translated version:

That you on or around 10th day of September, 2017 at about 12.45 in the afternoon at the women’s public toilet at level 2, of the Airport Labuan of Federal Territory of Labuan, within the Federal Territory of Labuan, with intend has recorded a video for intrusion of the privacy of XXXXXXX KPT: XXXXXXXX and that you have thereby committed an offence punishable under section 509Penal Code

[8]Based on the statement of the fact of the case tendered by the prosecution and admitted by the Appellant (marked as exhibit P1 at page 16 of the Record of Appeal (Record of Appeal (RA)), on 10.9.2017 at around one hour passed mid-day, while Ms. N was going to and intended to use the public toilet near ST2 Café at level 2 of Labuan Airport, Ms. N realized that a man was following her.

[9]In fright, she turned around and approached the police officer on duty at Labuan Airport and informed of what she encountered.

[10]As there were many incidences of woman being peeped while using the female toilet at Labuan Airport, Ms. N and the Police officer worked out a plan to trap the man who might be engaging in peeping women using the female toilet.

[11]Following the plan, Ms., N went into the female toilet near ST2 Café 2 at level of the Labuan Airport. Inside the toilet, Ms. N poured tap water into the squatting toilet bowl instead and sounding like she was micturating in the toilet.

[12]The Appellant was apprehended by the police officer when Ms. N came out of the toilet. Upon checking the Appellant’s mobile phone, it was revealed that there was a video recording of a duration of 10 seconds of the act of Ms. N pouring tap water in the squatting toilet bowl.

[13]The Appellant not only admitted that he recorded the video of Ms. N in the toilet, the Appellant also admitted that for a period of over two (2) years, he had been carrying out video recording of the acts of women urinating in the toilet. The Appellant said that this was his habit or hobby and he said derived such self-gratification from the recorded images of the female private parts.

[14]The Prosecution has produced and tendered to the Court, photographs o