4 Jul 2023
KOH CHOO MENG
- Citation
- JB-42S-4-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-42S-4-10/2021 (Mahkamah Tinggi)
Convictions affirmed because the totality of admissible evidence (witness testimony, CCTV recordings, material requisition forms, transport receipts, purchase bills and payment records) established beyond reasonable doubt that the appellant dishonestly moved and disposed company aluminium without consent and retained proceeds; Section 414 is an independent offence that does not require prior proof of theft under Section 381; trial counsel’s conduct did not meet the threshold of flagrant incompetence amounting to a miscarriage of justice; no adverse inferences were warranted for uncalled witne…
- Theft (section 381)
- Assisting in concealment/disposal of stolen property (section 414)
- Appeal against conviction
- Competence of counsel
- Adverse inference under s.114(g) evidence act