2 Feb 2024
BADARUDDIN BIN MOHAMED
- Citation
- PA-42(R)(A)-1-09/2022 (Mahkamah Tinggi)
- Court
- R
- Case number
- PA-42(R)(A)-1-09/2022 (Mahkamah Tinggi)
The trial judge misdirected by evaluating the defence on the balance of probabilities as if the statutory presumption under s.23(2) MACC Act 2009 had been activated when it was not; that misdirection prejudiced the accused and caused a miscarriage of justice such that the convictions were unsafe and were quashed and the accused acquitted.