SHAMSUL BAHRI BIN MUSA v Pendakwa Raya [TIMBALAN PENDAKWA RAYA]

wa-42s-7-09-2022 High Court (Mahkamah Tinggi) 26 March 2024 • WA-42S-7-09/2022 • 41 min read

Outcome

Ensuing from that, the finding of guilty made, conviction entered against the accused and sentence meted out on him is set aside and the accused is acquitted and discharged of the charges against him.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-42s-7-09-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Criminal Justice - Appeal against conviction and sentence - offence of criminal breach of trust under section 408 of the Penal Code - sessions court judge erred in not considering the case in its entirety when finding the accused guilty and convicting him - preferred charges are flawed - no evidence of primary ingredient of entrustment of property; dishonest intention and mode by which the offence was committed - appellate intervention justified - accused acquitted and discharged.

Practice Areas

Criminal Procedure Criminal Law

Judges (1)

Muniandy a/l Kannyappan Delivered

Counsel (4)

The Chambers Of Kamarul Hisham & Hasnal Rezua Firm Hasnal Rezua Merican Counsel Appellant Muzzamil Merican Counsel Appellant Zaileen Nadia Zubir Counsel Respondent

Parties (2)

Pendakwa Raya Respondent Shamsul Bahri bin Musa Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)

Evidence Act 1950 (Cap 56)

Penal Code (Cap 574)

s 405 s 408

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-42s-7-09-2022)