PENDAKWARAYA Mohd Yazid Bin Turot

PENDAKWARAYA Mohd Yazid Bin Turot

Because section 254A CPC permits reinstatement of trial on recharge and thereby renders a DNAA non-final, and because the Public Prosecutor applied for DNAA exercising exclusive prosecutorial discretion, the DNAA order was not a final order and thus not appealable; the appeal is dismissed.

Citation
JG-82-02-10/2019 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Yazid bin Turot
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 October 2020
Case Number
JG-82-02-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal / Magistrates Court Decision; Appeal Filed to High Court (preliminary Issue on Appealability)
Outcome
Appeal dismissed
Legal Topics
Discharge Not Amounting to Acquittal (dnaa), Discharge Amounting to Acquittal (daa), Appealability of Interlocutory Orders, Prosecutorial Discretion, Section 254 and Section 254 a CPC, Section 326 a Penal Code, Speedy Trial
Source Language
Malay/English
Criminal Law Criminal Procedure Domestic Violence Law Discharge Not Amounting to Acquittal (dnaa) Discharge Amounting to Acquittal (daa) Appealability of Interlocutory Orders Prosecutorial Discretion Section 254 and Section 254 a CPC +2 more

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Parties

Public Prosecutor

Prosecutor

Mohd Yazid bin Turot

Accused

Procedural Posture

Criminal / Magistrates Court Decision; Appeal Filed to High Court (preliminary Issue on Appealability)

Legal Issues

  1. 1 Whether an order of Discharge Not Amounting to Acquittal under s.254(3) CPC is appealable
  2. 2 Whether the withdrawal by the complainant converts DNAA into DAA
  3. 3 Scope of prosecutorial discretion under Article 145(3) Federal Constitution and s.376 CPC

Ratio Decidendi

Because section 254A CPC permits reinstatement of trial on recharge and thereby renders a DNAA non-final, and because the Public Prosecutor applied for DNAA exercising exclusive prosecutorial discretion, the DNAA order was not a final order and thus not appealable; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in limine
  • Order of Discharge Not Amounting to Acquittal dated 12.10.2020 affirmed