2 Feb 2024
BADARUDDIN BIN MOHAMED
- Citation
- PA-42(R)(A)-2-09/2022 (Mahkamah Tinggi)
- Court
- R
- Case number
- PA-42(R)(A)-2-09/2022 (Mahkamah Tinggi)
The trial judge misdirected himself at the end of the defence by assessing the defence on the balance of probabilities as if s.23(2) SPRM Act 2009 had been activated when it had not; that misdirection prejudiced the accused and caused a miscarriage of justice. Consequently the convictions and sentences were unsafe and were set aside; the accused was acquitted and discharged and bail returned.