Link Holder Packaging Industries Sdn. Bhd.

Link Holder Packaging Industries Sdn. Bhd.

The High Court upheld the Sessions Court acquittal because the prosecution failed to establish a prima facie case under s.8(4)(b) AKB; the charge improperly alleged 'mengemukakan maklumat palsu' which is not one of the specific acts in s.8(4)(b), the particulars were vague as to which subparagraph of s.8(1) applied and which content of the invoices was false, and these defects caused a failure of justice that could not be cured by ss.156 or 422 CPC; accordingly there was no basis for appellate interference with the factual findings.

Citation
DA-42LB-5-09/2022 (Mahkamah Tinggi)
Parties
Appellant (public Prosecutor): Pendakwa Raya; Respondent (accused): Link Holder Packaging Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 April 2024
Case Number
DA-42LB-5-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rayuan Jenayah) / High Court Appeal From Sessions Court Decision
Outcome
Appeal dismissed; Sessions Court acquittal of respondent upheld
Legal Topics
Akta Kawalan Bekalan 1961, Section 8(4)(b), Section 16, Charge Drafting and Defectiveness, Prima Facie Requirement, Section 158 Criminal Procedure Code, Appeal Interference With Findings of Fact
Source Language
Malay/English
Criminal Law Statutory Interpretation Criminal Procedure Evidence Akta Kawalan Bekalan 1961 Section 8(4)(b) Section 16 Charge Drafting and Defectiveness +3 more

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Parties

Pendakwa Raya

Appellant (public Prosecutor)

Link Holder Packaging Industries Sdn Bhd

Respondent (accused)

Procedural Posture

Criminal Appeal (rayuan Jenayah) / High Court Appeal From Sessions Court Decision

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.8(4)(b) Akta Kawalan Bekalan 1961
  2. 2 Whether the Sessions Court rightly invoked s.158 CPC to order accused to enter defence on s.16 charge
  3. 3 Whether the charge was defective for alleging 'mengemukakan maklumat palsu' which is not an act under s.8(4)(b)

Ratio Decidendi

The High Court upheld the Sessions Court acquittal because the prosecution failed to establish a prima facie case under s.8(4)(b) AKB; the charge improperly alleged 'mengemukakan maklumat palsu' which is not one of the specific acts in s.8(4)(b), the particulars were vague as to which subparagraph of s.8(1) applied and which content of the invoices was false, and these defects caused a failure of justice that could not be cured by ss.156 or 422 CPC; accordingly there was no basis for appellate interference with the factual findings.

Court Disposition

Appeal dismissed; Sessions Court acquittal of respondent upheld

Orders

  • Appeal by the prosecution is dismissed
  • The Sessions Court judgment releasing and acquitting Link Holder Packaging Industries Sdn Bhd is upheld