[ ] Mohd Faisal Bin Hussin

[ ] Mohd Faisal Bin Hussin

Although the prosecution made reasonable efforts to locate and serve the respondent and the appeal was heard under s.314(ii) KPJ, the court held that fundamental principles of natural justice prevent making orders that are adverse to an absent respondent; s.314 must be read with s.316 and cannot be used to overturn or disturb the magistrate's decision via inherent jurisdiction in the respondent's absence. Consequently the prosecution's appeal is dismissed and the magistrate's decision is upheld.

Citation
CB-41LB(A)-1-04/2021 (Mahkamah Tinggi)
Parties
Perayu: Pendakwa Raya; Responden: Mohd Faisal bin Hussin
Court
A
Jurisdiction
Malaysia
Judgment Date
12 May 2022
Case Number
CB-41LB(A)-1-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Hearing on Appeal in the High Court
Outcome
Prosecution appeal dismissed; Magistrate's decision upheld.
Legal Topics
Appeal in Absence of Respondent (s.314 Kpj), Inherent Jurisdiction, Natural Justice (audi Alteram Partem), Scope of Appellate Powers (s.316 Kpj), Standard for Interference With Magistrate's Findings
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Administrative Law Appeal in Absence of Respondent (s.314 Kpj) Inherent Jurisdiction Natural Justice (audi Alteram Partem) Scope of Appellate Powers (s.316 Kpj) +1 more

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Parties

Pendakwa Raya

Perayu

Mohd Faisal bin Hussin

Responden

Procedural Posture

Criminal Appeal / Hearing on Appeal in the High Court

Legal Issues

  1. 1 Whether the High Court may proceed with an appeal in the absence of the respondent under s.314(ii) KPJ and make orders adverse to the absent respondent
  2. 2 Whether s.314 and s.316 KPJ permit disturbing a magistrate's decision where the respondent is absent
  3. 3 Whether the court may invoke inherent jurisdiction to overturn or interfere with the magistrate's decision in these circumstances

Ratio Decidendi

Although the prosecution made reasonable efforts to locate and serve the respondent and the appeal was heard under s.314(ii) KPJ, the court held that fundamental principles of natural justice prevent making orders that are adverse to an absent respondent; s.314 must be read with s.316 and cannot be used to overturn or disturb the magistrate's decision via inherent jurisdiction in the respondent's absence. Consequently the prosecution's appeal is dismissed and the magistrate's decision is upheld.

Court Disposition

Prosecution appeal dismissed; Magistrate's decision upheld.

Orders

  • Rayuan Pendakwa Raya ditolak
  • Keputusan Majistret dikekalkan