2 Oct 2020
PENDAKWARAYA Puan Annur Atiqah binti Abdul Hadi (Jabatan Peguam Negara) Dato' Setia Salehuddin Saidin, Afifuddin Ahmad Hafifi dan Siti Sarah Khalil (Tetuan Salehuddin Saidin & Associates)
- Citation
- WA-42S-27-07/2019 & WA-42H-31-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42S-27-07/2019 & WA-42H-31-07/2019 (Mahkamah Tinggi)
The appeal was allowed and conviction and sentence quashed because the charge was defective for failing to particularise material particulars (interest/amount payable) and the key computer printouts (P12 A-C) were inadmissible under s90A absent the required certificate or evidence from the licensing authority, so the prosecution failed to prove the essential element that the appellant was carrying on moneylending without a licence.