BADARUDDIN BIN MOHAMED

BADARUDDIN BIN MOHAMED

The trial judge misdirected himself at the end of the defence by assessing the defence on the balance of probabilities as if s.23(2) SPRM Act 2009 had been activated when it had not; that misdirection prejudiced the accused and caused a miscarriage of justice. Consequently the convictions and sentences were unsafe and were set aside; the accused was acquitted and discharged and bail returned.

Citation
PA-42(R)(A)-2-09/2022 (Mahkamah Tinggi)
Parties
Perayu: Badaruddin bin Mohamed; Responden: Pendakwa Raya
Court
R
Jurisdiction
Malaysia
Judgment Date
2 February 2024
Case Number
PA-42(R)(A)-2-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal
Outcome
Appeal allowed; convictions and sentences quashed; accused acquitted and discharged; bail returned.
Legal Topics
Statutory Presumptions, Burden of Proof, Misdirection by Trial Judge, Acquittal and Discharge, Evidential Vs Legal Burden
Source Language
Malay/English
Criminal Law Anti‑corruption Evidence Procedural Law Statutory Presumptions Burden of Proof Misdirection by Trial Judge Acquittal and Discharge +1 more

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Parties

Badaruddin bin Mohamed

Perayu

Pendakwa Raya

Responden

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge misdirected by applying a balance‑of‑probabilities standard as if s.23(2) SPRM Act 2009 had been activated when it had not
  2. 2 Whether that misdirection prejudiced the accused and caused a miscarriage of justice
  3. 3 Whether convictions were safe in light of the alleged misdirection and the available evidence

Ratio Decidendi

The trial judge misdirected himself at the end of the defence by assessing the defence on the balance of probabilities as if s.23(2) SPRM Act 2009 had been activated when it had not; that misdirection prejudiced the accused and caused a miscarriage of justice. Consequently the convictions and sentences were unsafe and were set aside; the accused was acquitted and discharged and bail returned.

Court Disposition

Appeal allowed; convictions and sentences quashed; accused acquitted and discharged; bail returned.

Orders

  • Appeal allowed by the High Court
  • Convictions and sentences imposed by the Sessions Court set aside