BADARUDDIN BIN MOHAMED

BADARUDDIN BIN MOHAMED

The trial judge misdirected himself by applying a balance of probabilities threshold as if s.23(2) MACC Act 2009 presumption had been activated when it was not, thereby prejudicing the accused and causing a miscarriage of justice; accordingly the convictions and sentences could not be safely maintained and were quashed.

Citation
PA-42(R)(A)-3-09/2022 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Badaruddin bin Mohamed
Court
R
Jurisdiction
Malaysia
Judgment Date
2 February 2024
Case Number
PA-42(R)(A)-3-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Decision on Appeal
Outcome
Appeal allowed
Legal Topics
Statutory Presumption Under S.23(2) MACC Act 2009, Burden of Proof, Prima Facie, Misdirection, Acquittal
Source Language
Malay/English
Criminal Law Anti Corruption Law Procedural Law Statutory Presumption Under S.23(2) MACC Act 2009 Burden of Proof Prima Facie Misdirection Acquittal

Case Brief

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Parties

Pendakwa Raya

Appellant

Badaruddin bin Mohamed

Respondent

Procedural Posture

Criminal Appeal / High Court Decision on Appeal

Legal Issues

  1. 1 Whether the trial judge misdirected by applying a balance of probabilities test as if statutory presumption under s.23(2) MACC Act 2009 had been invoked
  2. 2 Whether that alleged misdirection caused prejudice and a miscarriage of justice
  3. 3 Whether the convictions were nevertheless safe on the evidence

Ratio Decidendi

The trial judge misdirected himself by applying a balance of probabilities threshold as if s.23(2) MACC Act 2009 presumption had been activated when it was not, thereby prejudicing the accused and causing a miscarriage of justice; accordingly the convictions and sentences could not be safely maintained and were quashed.

Court Disposition

Appeal allowed

Orders

  • Convictions and sentences quashed
  • Accused Badaruddin bin Mohamed acquitted and discharged of all charges