25 Jun 2025
SYED SADDIQ BIN SYED ABDUL RAHMAN
- Citation
- W-05(SH)-555-11/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- W-05(SH)-555-11/2023 (Mahkamah Rayuan)
The Court of Appeal held the convictions were unsafe: the trial judge erred in treating withdrawal as tantamount to misappropriation under s.405 Penal Code and in failing to judicially appreciate and consider defence evidence as mandated by s.182A CPC. The prosecution did not prove key ingredients of s.403 (ownership and dishonest conversion) and therefore abetment and AMLA charges (which depend on the predicate offence) were not made out; inconsistencies and possible coercion of witnesses and failure to call material witnesses undermined the prosecution case.