18 Aug 2023
KALIYA PERUMAL A/L PONNUSAMY [ ]
- Citation
- N-09(H)-225-06/2022 (Mahkamah Rayuan)
- Court
- H
- Case number
- N-09(H)-225-06/2022 (Mahkamah Rayuan)
The Court held the conviction was unsafe because the plea-taking process was defective: inconsistent contemporaneous notes and the Magistrate's questioning induced fear and pressure, producing an equivocal plea. The Magistrate failed to fulfil the mandatory duty under section 173 CPC to ensure an unequivocal, informed plea. Consequently the High Court's order was set aside and the matter remitted to the Magistrate's Court for trial.