29 Nov 2023
[Timbalan (TPR), Jabatan Peguam Negara] Sanderasegaran A/l Nithenanham
- Citation
- 05(L)-68-04/2022(A) (Mahkamah Persekutuan)
- Court
- L
- Case number
- 05(L)-68-04/2022(A) (Mahkamah Persekutuan)
The Federal Court held the trial judge's omission to name the specific limb of s.300 did not occasion a miscarriage of justice where the prosecution had clearly relied on and adduced evidence proving s.300(c); the appellate court may re-examine evidence to determine whether elements were established; the non-production of Peruwati did not warrant an adverse inference because her evidence would have been cumulative of SP6 and did not create a gap; the defence failed to raise reasonable doubt; accordingly the Court of Appeal's substitution was set aside, the High Court conviction under s.302 re…