Pendakwa Raya [Pendakwa Raya] v 1. ) Faizoull Bin Ahmad 2. ) Muhammad Sufi Bin Mahbub

wa-42r-9-06-2018 High Court (Mahkamah Tinggi) 21 September 2022 • WA-42R-9-06/2018

Catchwords

Criminal appeal. Abetment and criminal breach of trust. The appellant was convicted of abetting a co-accused in committing criminal breach of trust under sections 109 and 409 of the Penal Code. On appeal, the High Court found that the trial judge misdirected the legal principles of abetment, failed to distinguish the elements from the principal offence and disregarded key defence evidence. The prosecution did not prove the essential elements of abetment beyond reasonable doubt. The conviction was deemed unsafe. Appeal was allowed. Appellant was acquitted and discharged.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (3)

Pendakwa Raya Appellant Faizoull bin Ahmad Respondent Muhammad Sufi bin Mahbub Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-42r-9-06-2018)