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

wa-42h-17-09-2022 High Court (Mahkamah Tinggi) 26 March 2024 • WA-42H-17-09/2022 • 41 min read

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.

Judges (1)

Muniandy a/l Kannyappan Delivered

Counsel (4)

The Chambers Of Kamarul Hisham & Hasnal Rezua Firm Hasnal Rezua Merican Counsel Accused Muzzamil Merican Counsel Accused Zaileen Nadia Zubir Counsel Prosecution

Parties (2)

Pendakwa Raya Appellant Shamsul Bahri bin Musa Respondent

Statutes Cited

Criminal Procedure Code (Cap 593)

Evidence Act 1950 (Cap 56)

Penal Code (Cap 574)

s 405 s 408

Judgment

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Source: eJudgment (wa-42h-17-09-2022)