9 Jul 2025
PANG SZE YUN [ ]
- Citation
- DA-43-8-07/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-43-8-07/2025 (Mahkamah Tinggi)
The High Court quashed the conviction and sentence because the framed charge failed to allege the essential ingredients of s.420 Penal Code (cheating), rendering it an offence unknown to law; the defect was fundamental and not curable under ss.156/422 KTJ, and notwithstanding the plea being voluntary and informed, the defective charge caused a miscarriage of justice requiring quashing and discharge.