Understanding Victim Impact Statements in Malaysia: A Deeper Look at Justice for Victims
In a recent high-profile case in Kuala Lumpur, a seemingly straightforward fine for a road rage incident took a significant turn. A 52-year-old man, initially fined RM5,500 for assaulting and threatening a 70-year-old individual, ultimately received a four-month custodial sentence. This shift occurred after the victim, Liew Khoon Foo, had the opportunity to share his ongoing trauma and the profound impact of the incident through a victim impact statement. This event, while drawing attention, also highlights a crucial aspect of the Malaysian justice system that may not be widely understood: the role of Victim Impact Statements (VIS).
Since 2011, victims or their families have been empowered to articulate to the court the harm and distress a crime has inflicted upon them. But what exactly constitutes a victim impact statement, and how does it function within the Malaysian legal framework?
What is a Victim Impact Statement?
A Victim Impact Statement (VIS) is essentially an account, either written or delivered orally, by a victim of a crime – or their family – detailing how the offence has affected their life. This can encompass a wide range of consequences, including:
- Physical Injuries: Describing the extent and nature of any physical harm sustained.
- Emotional Trauma: Articulating feelings of fear, anxiety, depression, post-traumatic stress, and other psychological distress.
- Fear and Insecurity: Expressing a sense of vulnerability and ongoing fear for personal safety.
- Disruption to Daily Activities: Explaining how the crime has impacted routines, work, education, social life, and overall quality of life.
- Financial Loss: Documenting any economic consequences, such as medical expenses, lost wages, property damage, or increased security costs.
The law recognises that victims may not always be able to attend court in person. In such instances, a written statement is permitted to be submitted, ensuring their voice can still be heard.
The Legal Foundation of VIS in Malaysia
In Malaysia, the concept of Victim Impact Statements is legally enshrined within Section 183A of the Criminal Procedure Code (CPC). The introduction of this provision was a significant step in the reform of the CPC, brought about by the Criminal Procedure Code (Amendment) Act 2010. Although the amendment was passed in 2010, the key section pertaining to victim impact statements, Section 183A, was officially brought into force in 2011, marking a pivotal moment for victim advocacy in the country.
This legislative change garnered widespread support from various stakeholders within the legal fraternity and civil society. The Malaysian Bar, prominent civil liberties lawyers, including the current Member of Parliament for Bangi, Syaredzan Johan, and the late Datuk V.K. Liew, who formerly served as the de facto law minister, all endorsed the reform. Non-governmental organisations such as the Women’s Aid Organisation and the Human Rights Commission of Malaysia also lent their support, underscoring the broad consensus on the importance of this measure.
How VIS Works in the Sentencing Process
It is crucial to understand that a Victim Impact Statement is distinct from evidence presented to determine the guilt or innocence of an accused person. A VIS is not used to establish whether the accused committed the crime. Instead, it is presented after a conviction has been secured or a guilty plea has been entered.
The primary purpose of a VIS is to provide judges with a comprehensive understanding of the human cost of the crime. By hearing directly from the victim or their family, the court gains insight into the real-world consequences and the depth of suffering caused. This information is then considered by the judge when deciding on an appropriate sentence.
While judges are not legally obligated to follow the specific wishes expressed in a victim’s statement, they are empowered to consider it alongside other relevant factors. These may include the severity of the offence, the offender’s personal circumstances, and any mitigating or aggravating factors presented during the trial. The VIS serves as an important tool to inform a just and proportionate sentencing decision.
Notable Instances of VIS Application in Malaysia
The application of victim impact statements in Malaysia, while formally legislated in 2011, has a history of recognition even prior to the enforcement of Section 183A.
PP v Satu Dua Jantan Matahir [2012] MLJU 664: This early case, involving a charge of outraging modesty, saw the Court of Appeal increase the sentence. The decision was influenced by the severe mental and physical suffering experienced by the victim, who was also the sister-in-law of the accused. This demonstrated an early judicial willingness to consider victim impact, even before the formal implementation of the VIS provision.
PP v Shahrul Azuwan bin Adanan & Anor [2013] 8 MLJ 70: This marked the first case where Section 183A of the CPC was explicitly applied. The accused individuals, who ran a cattery, had initially pleaded guilty to 30 charges under the Animals Act 1953 and were fined RM200 per charge. However, on appeal, the High Court took into account the suffering of the animal owners and the broader impact on the victims. Consequently, an additional three months of imprisonment were imposed concurrently for each offence.
Ahmad Rashidi bin Zainol & Anor v PP [2014] 9 MLJ 562: In a case of gang robbery, the High Court enhanced the sentences handed down by the lower court after carefully considering the victim impact statements. These statements detailed significant financial losses and profound trauma experienced by the victims. As a result, the sentence for each accused was increased to 12 years’ imprisonment and 10 strokes of the cane.
PP v Khairul Nordin [2015] 1 LNS 1241: Here, the court again factored in a victim impact statement, this time from the family of the deceased. The accused had killed the victim with a knife. After evaluating the profound impact expressed by the victim’s family, the High Court sentenced the accused to 14 years’ imprisonment.
High Court at Ayer Keroh (2025): In a deeply moving account, Fatimah Latiff delivered her VIS on the stand, recounting the devastating loss of her daughter and grandson. The case involved the alleged murder of 27-year-old Norfazera Bidin and her 11-year-old stepson, Muhammad Iman Ashraf Abdullah, by 36-year-old Shahrul Nizam Zuraimy. Fatimah described the harrowing experience of participating in her daughter’s funeral rites and the profound devastation of seeing her dismembered remains. The High Court subsequently sentenced the accused to 36 years in prison and 12 strokes of the cane for each charge, to be served consecutively from his arrest date.
Kota Kinabalu (Early 2025): Judge Datuk Alexander Siew How Wai imposed the death sentence on Chung King Fung @ Haider Daniel Chung Abdullah following his guilty plea to the killing of 21-year-old Nurul Ain Silien. Nurul’s mother read her VIS in court, expressing her deep sense of betrayal, having trusted the accused and treated him like family, never imagining he would commit such a brutal act. Her poignant questions, “My daughter was so small. Why did he kill her as if she were a wild animal?” and her plea for the maximum sentence, underscored the immense pain and the desire for justice.
The Evolving Role of VIS in Justice
While Victim Impact Statements cannot overturn convictions or dictate guilt, they play an increasingly vital role in the Malaysian justice system. They offer courts invaluable insights into the human consequences of criminal acts, moving beyond abstract legal definitions to acknowledge the tangible harm inflicted upon individuals and their families. As these examples illustrate, VIS have demonstrably shaped sentencing decisions, reflecting a growing recognition of the need to centre the victim’s experience in the pursuit of justice. This shift signifies a maturing legal system that strives to balance the rights of the accused with the profound need for accountability and redress for those who have suffered.
