2 Feb 2024
MUSTAFA KAMAL BIN MOHAMED [ ]
- Citation
- PA-42R-1-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-42R-1-09/2022 (Mahkamah Tinggi)
The trial judge fundamentally misdirected by applying a balance‑of‑probabilities standard and treating the defence as if a statutory presumption under s.23(2) MACC Act 2009 had been activated when it had not been; that misdirection prejudiced the accused and produced a miscarriage of justice, rendering the convictions unsafe and requiring quashing.