9 Nov 2021
GUY BOON LEANG [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- W-09-119-07/2020 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- W-09-119-07/2020 (Mahkamah Rayuan)
The conviction was unsafe because the amended charge ordered by the Court of Appeal was not read to the accused when he was called to plead, thereby denying the accused the right to know the charge and causing prejudice that could not be cured under s422 KTJ; additionally, on the merits the prosecution failed to prove mens rea and that the accused used a glass fragment as a weapon, creating reasonable doubt requiring acquittal.