JUDGMENT

Nordin Hassan JCA:

[1] This is an appeal by the Public Prosecutor against the decision of the High Court dated 29 September 2020 which set aside the conviction and sentence by the Kuala Lumpur Sessions Court on the preliminary objection raised by the respondent. The respondent's preliminary objection was that the respondent was wrongly charged and tried in the Kuala Lumpur Sessions Court instead of the Johor Bahru Sessions Court which was said to have the local limits of jurisdiction to try the case.

The Background Facts

[2] On 13 March 2009, Toh Chun Toh Gordon ("1st accused") and Abul Hasan bin Mohamad Rashid ("2nd accused"/respondent") were charged at the Sessions Court Kuala Lumpur. The principle charge against the 1st accused was for engaging in an act which operated as fraud on Multi-code Industries (M) Berhad ("Multicode") by causing the uplifting of fixed deposits belonging to Multicode amounting to RM18,146,168.74, which is an offence under s 87A (b) of the Securities Industries Act 1983 ("SIA 1983"). An alternative charge was also proffered against both the accused under s 409 of the Penal Code for criminal breach of trust, the funds of RM26,045,473.94 belonging to Multicode.