14 Dec 2023
1. ) LIEVON A/L CHING 2. ) NITTHIRA RATTHANAPHAN A/P PERAT JUN
- Citation
- AB-41LB-1-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-41LB-1-01/2023 (Mahkamah Tinggi)
The High Court upheld the Magistrate's acquittal because the charge was fatally defective/confusing (mixing s.34 common intention with 'bersubahat' without specifying which limb of abetment under s.107), thereby prejudicing the accused; however, on the evidence that the seized liquors bore 'Malaysia Duty Not Paid' markings and were concealed in the vehicle used to convey them, the Court was satisfied an offence under the Customs Act had occurred for purposes of s.127 and ordered forfeiture of the goods and the vehicle to the Government notwithstanding the absence of convictions.