PENDAKWARAYA Timbalan Amylia Binti Abdul Rahman

PENDAKWARAYA Timbalan Amylia Binti Abdul Rahman

The Magistrate correctly refused the bail application because a Magistrate does not have original jurisdiction to grant bail in offences punishable with death; bail applications in such cases must be made to the High Court and the Magistrate's role is limited to remand and transmission to the High Court once...

Source-derived case information.

Citation
JA-81-36-02/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Amylia binti Abdul Rahman
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
JA-81-36-02/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Murder (section 302 Penal Code) / Appeal Against Denial of Bail
Outcome
Bail application refused and magistrate's decision to deny bail upheld
Legal Topics
Bail Jurisdiction, Capital Punishment, Transmission to High Court, Magistrate Powers, Section 302 Penal Code, Section 388 Criminal Procedure Code, Section 177 a Criminal Procedure Code, Section 41 a Dangerous Drugs Act
Criminal Law Procedure Jurisdiction Bail Bail Jurisdiction Capital Punishment Transmission to High Court Magistrate Powers +4 more

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Parties

Pendakwa Raya

Prosecution

Amylia binti Abdul Rahman

Accused

Procedural Posture

Criminal Murder (section 302 Penal Code) / Appeal Against Denial of Bail

Legal Issues

  1. 1 Whether a Magistrate has jurisdiction to grant bail in offences punishable with death
  2. 2 Proper forum for a bail application in cases triable exclusively by the High Court
  3. 3 Scope of Magistrate's duties when charges are to be transmitted to the High Court

Ratio Decidendi

The Magistrate correctly refused the bail application because a Magistrate does not have original jurisdiction to grant bail in offences punishable with death; bail applications in such cases must be made to the High Court and the Magistrate's role is limited to remand and transmission to the High Court once procedural prerequisites are met.

Court Disposition

Bail application refused and magistrate's decision to deny bail upheld

Orders

  • Decision of Magistrate dated 20.4.2021 refusing bail is affirmed
  • Accused to remain remanded; Magistrate to continue case management including obtaining post-mortem and upon Public Prosecutor's consent transmit the case to the High Court