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HIGH COURT (SIBU)
WONG SIONG TUNG, J
Ezreen Nasuha bt Razuli – Appellant
Versus
Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. appellant's offence details. (Para 1 , 2) |
| 2. challenge to the charge's validity. (Para 3 , 4 , 6) |
| 3. interpretation of the term possession. (Para 5 , 7 , 8 , 18 , 21 , 22 , 23) |
| 4. court's preference for the previous ruling. (Para 10 , 16) |
| 5. charge deemed invalid based on legal interpretation. (Para 24 , 25 , 26) |
| 6. assessment of guilty plea's explanation. (Para 28 , 30 , 34 , 38 , 40) |
| 7. appeal granted and conviction set aside. (Para 42) |
INTRODUCTION
[1]The appellant, Ezreen Nasuha bt Razuli, is appealing against her conviction and sentence imposed by the magistrate court for an offence under s 37(1) of the Minor Offence Ordinance 1958. She pleaded guilty to the offence on 11 December 2023, and was consequently fined RM500, in default, imprisonment of seven days.
[2]The offence with which the appellant was charged is as follows:
That you on 26th August 2023 at Lot 424 Jalan Sentosa Salim, in the district of Sibu, in the State of Sarawak, was found in possession of RM1200 (Ringgit Malaysia One Thousand and Two Hundred) which is unlawfully obtained in your CIMB personal account bearing the account number 7033133654 and you have failed to an account satisfa
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