29 May 2020
PENDAKWARAYA PENDAKWARAYA BUDAYA RESTU SDN BHD
- Citation
- WA-63ES- 2- 01/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-63ES- 2- 01/2019 (Mahkamah Sesyen)
Although prosecution established a prima facie case, the defence evidence showed the company reasonably believed ESCP approval existed and that PDP was responsible for submission; because the company alone was charged mens rea (guilty knowledge) had to be established implicitly and was not proved; the s.43 statutory defence was satisfied on the evidence and a reasonable doubt was raised — therefore the accused company was acquitted.