JUDGMENT

Nur Farahain Roslan M:

A. Background

[1] This case was initially heard before another Magistrate, Tuan Mohamad Fared bin Abdul Latif. On 1 July 2022, he was transferred to the Ministry of Home Affairs. This case was then fixed to be heard before Magistrate Puan Amanina binti Mohamad Anuar but unfortunately, she was away on maternity leave which in turn resulted to this case to be transferred to this court on 7 September 2022 by the Supervisor for the Criminal Magistrate Courts, Tuan M Bakri bin Abd Majid.

[2] On 10 February 2023, I had fixed this case for decision at the end of the Prosecution's case where I decided that the Prosecution had successfully established a prima facie case and all of the five accused were ordered to enter defence. The case continued with the accused's defence and on 3 November 2023, I had fixed this case for decision. Dissatisfied with my decision, the Deputy Public Prosecutor filed a Notice of Appeal on 15 November 2023.

B. The Charges Against The Accused

[3] The five accused were charged for two offences. The first charge being under s 397 of the Penal Code and the second charge being under s 380 of the which was amended on 13 July 2020. The ch