Baxter Bin Kisar v Pendakwa Raya [Pendakwa Raya]
Catchwords
In this appeal, I have carefully scrutinised the appeal records through a fine comb analysis and heard able submissions from the parties both written and oral. After an intricate analysis of the matter, I find force in the submission made by the appellant – the accused person in this matter. Another seminal point ventilated by the accused person which I find to be meritorious is the non-appreciation. Premised on the rationale stated above, it is my pondered judgment that this is a fit and proper case to exercise my curial intervention due to the failure of the Sessions Court to appreciate the evidence adduced during trial by the accused person which led to a serious misdirection amounting to miscarriage of justice. Hence, this appeal is allowed and the conviction and sentence ordered by the Sessions Court on the accused person is therefore set aside.
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-42sa-1-03-2022)