PENDAKWA RAYA V KU YAHYA B KU BAHARI & ANOR
- Citation
- PENDAKWA RAYA V KU YAHYA B KU BAHARI & ANOR
- Court
- Malaysian court
The Sessions Court misdirected the law by failing to apply the required balance of probabilities test to determine whether the s.14 presumption was rebutted; such a misdirection on the standard/burden of proof is not curable under s.422 CPC by the High Court and warrants quashing of convictions and ordering a retrial; while the High Court could not rely on s.60(1) CJA, this Court may invoke s.60(1) on further appeal but in the present case the appropriate remedy is to affirm the High Court's quashing and order a retrial.