24 May 2022
WAN NURFARAHAN BINTI WAN ABD MUNIR
- Citation
- DA-41S-16-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-41S-16-07/2021 (Mahkamah Tinggi)
The charge was legally defective because it relied on section 464(a) which only defines falsification and does not create a punishable offence; that defect was not a mere technicality and could not be cured by sections 156 or 422 CPC/KTJ; the magistrate's trial was therefore a nullity and the conviction and sentence were quashed with no retrial ordered.