7 Nov 2021
JOLIANA BINTI OTHMAN … NO. K/P: 820124-08-5426
- Citation
- DA-41S-6-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-41S-6-05/2019 (Mahkamah Tinggi)
Conviction affirmed: the charge under s417 Penal Code was not defective because the offence is known by name and the statutory definition in s415 incorporates mens rea; deficiencies alleged in investigation did not undermine the credible, consistent witness evidence supporting conviction; sentencing exercise by the Magistrate was re‑evaluated and, although conviction stands, the custodial sentence of 2 years was excessive in light of mitigating factors and available statutory alternatives, and was therefore substituted with a fine of RM20,000 or 3 months imprisonment in default.