2 Feb 2024
BADARUDDIN BIN MOHAMED
- Citation
- PA-42(R)(A)-3-09/2022 (Mahkamah Tinggi)
- Court
- R
- Case number
- PA-42(R)(A)-3-09/2022 (Mahkamah Tinggi)
The trial judge misdirected himself by applying a balance of probabilities threshold as if s.23(2) MACC Act 2009 presumption had been activated when it was not, thereby prejudicing the accused and causing a miscarriage of justice; accordingly the convictions and sentences could not be safely maintained and were quashed.