PENDAKWARAYA MOHD FAIZ BIN MUSTAFFA

PENDAKWARAYA MOHD FAIZ BIN MUSTAFFA

High Court allowed the s.323 judicial review: the charges were not defectively framed because they provided sufficient particulars under ss.153/154 KPJ and any omission was curable under s.422; the Sessions Court erred in releasing and acquitting the respondent before hearing prosecution evidence, resulting in an error of law and miscarriage of justice, and the matter is remitted for full trial.

Citation
43(A)-2-07/2020 (Mahkamah Tinggi)
Parties
Applicant/prosecutor: PENDAKWARAYA; Respondent/accused: MOHD FAIZ BIN MUSTAFFA
Court
A
Jurisdiction
Malaysia
Judgment Date
18 August 2020
Case Number
43(A)-2-07/2020 (Mahkamah Tinggi)
Procedural Posture
Judicial Review Under S.323 Criminal Procedure Code (high Court) / Post‑sessions Court Order; High Court Review and Remittal for Trial
Outcome
Application allowed.
Legal Topics
Defective Charge, Particulars of Offence, Judicial Review (s.323 Kpj), Acquittal Vs Discharge, Curative Provision S.422 KPJ, Miscarriage of Justice
Source Language
Malay/English
Criminal Law Criminal Procedure Child Sexual Offences Defective Charge Particulars of Offence Judicial Review (s.323 Kpj) Acquittal Vs Discharge Curative Provision S.422 KPJ +1 more

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Parties

PENDAKWARAYA

Applicant/prosecutor

MOHD FAIZ BIN MUSTAFFA

Respondent/accused

Procedural Posture

Judicial Review Under S.323 Criminal Procedure Code (high Court) / Post‑sessions Court Order; High Court Review and Remittal for Trial

Legal Issues

  1. 1 Whether charges were defective for lacking specific date/time and thus prejudicial
  2. 2 Whether defects in particulars amount to miscarriage of justice or are curable under s.422 KPJ
  3. 3 Whether Sessions Court erred in discharging/acquitting respondent before prosecution evidence was heard

Ratio Decidendi

High Court allowed the s.323 judicial review: the charges were not defectively framed because they provided sufficient particulars under ss.153/154 KPJ and any omission was curable under s.422; the Sessions Court erred in releasing and acquitting the respondent before hearing prosecution evidence, resulting in an error of law and miscarriage of justice, and the matter is remitted for full trial.

Court Disposition

Application allowed.

Orders

  • Allow application for judicial review under s.323 KPJ
  • Set aside the Sessions Court order dated 10.9.2019 releasing and acquitting the respondent