1. ) MR. YAKAREYA ARWAESUEMAE 2. ) MR. ANUWA HAYIPIYOH

1. ) MR. YAKAREYA ARWAESUEMAE 2. ) MR. ANUWA HAYIPIYOH

Section 12 of the Firearms (Increased Penalties) Act is clear and unambiguous in barring bail for offences under FIPA; under the principle generalia specialibus non derogant the general bail provision s.388(1) KTJ does not apply; s.12 is not shown to be ultra vires Article 121 and therefore the bail application by the second accused is dismissed.

Citation
DJ-62-41-09/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused 1: Mr. Yakareya Arwaesuemae; Accused 2: Mr. Anuar Hayipiyoh
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 December 2023
Case Number
DJ-62-41-09/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Firearms Offences (fipa/firearms Act) / Bail Application by Second Accused Heard and Refused; First Accused Pleaded Guilty and Convicted on Earlier Date
Outcome
Application for bail by second accused refused; first accused previously found guilty and sentenced according to charges
Legal Topics
Bail, Unbailable Offences, Separation of Powers (article 121), Statutory Interpretation (generalia Specialibus Non Derogant)
Source Language
Malay/English
Criminal Law Constitutional Law Procedural Law Firearms Regulation Bail Unbailable Offences Separation of Powers (article 121) Statutory Interpretation (generalia Specialibus Non Derogant)

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Parties

Pendakwa Raya

Prosecution

Mr. Yakareya Arwaesuemae

Accused 1

Mr. Anuar Hayipiyoh

Accused 2

Procedural Posture

Criminal Firearms Offences (fipa/firearms Act) / Bail Application by Second Accused Heard and Refused; First Accused Pleaded Guilty and Convicted on Earlier Date

Legal Issues

  1. 1 Whether offences under the Firearms (Increased Penalties) Act (FIPA) are unbailable by operation of s.12 and s.8
  2. 2 Whether s.12 FIPA is ultra vires Article 121 of the Federal Constitution by ousting judicial power to consider bail
  3. 3 Whether s.388(1) Criminal Procedure Code (KTJ) applies where a specific statute bars bail

Ratio Decidendi

Section 12 of the Firearms (Increased Penalties) Act is clear and unambiguous in barring bail for offences under FIPA; under the principle generalia specialibus non derogant the general bail provision s.388(1) KTJ does not apply; s.12 is not shown to be ultra vires Article 121 and therefore the bail application by the second accused is dismissed.

Court Disposition

Application for bail by second accused refused; first accused previously found guilty and sentenced according to charges

Orders

  • Permohonan jaminan oleh tertuduh kedua ditolak
  • Tertuduh kedua kekal ditahan/remanded mengikut prosedur