26 Sept 2024
[ ] 1. ) MUHAMMAD SHAHMIZAL BIN AZIZAN 2. ) HASLAILI BINTI ABDUL AZIZ 3. ) MOHD ALIFF BIN IDRIS 4. ) SAYAD BOSHOR BIN MOHD HASHIM 5. ) NURUL BASHAR BIN MOHD HASHIM 6. ) ZULKIFLI BIN SAID
- Citation
- P-05(LB)-232-05/2022 (Mahkamah Rayuan)
- Court
- LB
- Case number
- P-05(LB)-232-05/2022 (Mahkamah Rayuan)
The Court of Appeal held the High Court was plainly wrong to find the charge a nullity: the High Court had misconstrued the charge and the reference to 'kidnapping for ransom' sufficiently disclosed the offence under s.3(1) Kidnapping Act 1961; the omission to specify which of the acts in s.3(1) were particulars, not essential ingredients, and did not render the charge defective or incurable; accordingly the acquittals/discharges were set aside and the matter remitted to the High Court to determine whether a prima facie case exists on the prosecution evidence.