11 May 2023
MOHD FAIZA RIZZA BIN MOHD ROPI [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-42JSKS-5-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-42JSKS-5-11/2021 (Mahkamah Tinggi)
Appeal allowed and conviction quashed because the session court judge's acceptance of the complainant's evidence was unsafe: judge relied on CRT recordings for demeanour without contemporaneous notes as required by s271 CPC, failed to properly test inconsistencies and defence evidence against the whole case, and did not amend the charge when the proven facts pointed to a different limb of s14 thereby depriving accused of procedural opportunity; consequently the conviction was unsafe and set aside.