6 Mar 2025
[ ] 1. ) MOHAD ZAIZE BIN CHE SULAIMAN 2. ) MUHAMMAD AFIF BIN ISHAK 3. ) AHMAD NURUDDIN BIN HASHIM 4. ) NASRI BIN MUHAMAD
- Citation
- KA-45C-1-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45C-1-04/2021 (Mahkamah Tinggi)
Charges were legally defective and prejudicial because the prosecution misdescribed the offence (using 'culik' under Akta 365 while definitions and offences lie in the Penal Code) and failed to specify which limb of s3(1) was relied upon; additionally, on maximum assessment the prosecution failed to prove the essential elements (wrongful restraint/abduction/wrongful confinement, intent to obtain ransom) and failed to prove abetment by Tertuduh 5; therefore no prima facie case existed and all accused were discharged and acquitted.