4 Jul 2023
KOH CHOO MENG
- Citation
- JB-42S-6-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-42S-6-10/2021 (Mahkamah Tinggi)
On the totality of admissible evidence — CCTV, material requisition records, transporter receipts, purchase bills and witness testimony — prosecution proved beyond reasonable doubt that the appellant dishonestly removed and disposed of company aluminium without consent; the prior conviction under s381 was not a precondition for separate convictions under s414 which is a standalone offence; trial counsel's omissions did not amount to flagrant incompetence causing miscarriage of justice; no adverse inference was warranted for non-production of the named witnesses or planning document. Therefore…