Malaysia Case Law

12 Nov 2024

Kamaruzaman bin Hashim

Citation

KA-42(R)(A)-1-12/2021 (Mahkamah Tinggi)

Court

R

Case number

KA-42(R)(A)-1-12/2021 (Mahkamah Tinggi)

The High Court held the successor Sessions judge materially misdirected himself by not independently considering the prosecution evidence before ordering the accused to enter their defence (breach of s.173/261 CPC) and that the prosecution also failed to call a material witness (Muhammad Mustaqim) thereby attracting an adverse inference under s.114 Evidence Act; those errors were material and could not be cured by s.422 CPC. Consequently convictions and sentences were set aside and appellants were acquitted; the prosecution's cross‑appeal against sentence was dismissed.

• Prima facie
• Judicial succession and s.261 cpc
• Non‑speaking judgment
• Adverse inference for non‑production (s.114 evidence act)
• Joint liability (s.34 penal code)
• Curative provision s.422 cpc