17 May 2024
PETER PAUL A/L SANTANAM [ ]
- Citation
- PA-41S-1-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-41S-1-07/2022 (Mahkamah Tinggi)
Magistrate failed to discharge the mandatory duty to consider and evaluate all defence evidence at the close of trial (breach of s173(m)(i)/s182A(1) CPC), treating the defence as a bare denial without analysis; that serious misdirection rendered the conviction unsafe and could not be cured by s422 CPC; although the amended charge contained duplicity it did not cause prejudice because the defence knew the case to meet it, therefore conviction and sentence were quashed and appellant acquitted.