4 Apr 2024
Link Holder Packaging Industries Sdn. Bhd.
- Citation
- DA-42LB-5-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-42LB-5-09/2022 (Mahkamah Tinggi)
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.