23 Aug 2024
Mohd Faizal Bin Mohd Sabri [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-41S-6-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41S-6-07/2023 (Mahkamah Tinggi)
Magistrate's conviction under s41(1) APJ 1987 was unsafe because the trial judge impermissibly speculated about uncalled defence evidence and failed to properly assess whether the defence raised reasonable doubt; the amended charge was properly made and s425 KPJ was not triggered because no party applied and the court properly exercised discretion; available prosecution evidence justified a conviction under s43(1) APJ 1987 but not under s41(1), therefore appeal allowed in part with substitution of conviction under s43(1).