[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD ZAIDI BIN MOHD ZAIN 2. ) TENGKU HAZARUL ISMAIL BIN T HAMID

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD ZAIDI BIN MOHD ZAIN 2. ) TENGKU HAZARUL ISMAIL BIN T HAMID

With the abolition of the mandatory death penalty for kidnapping by Act 846 s52, the offence no longer attracts death; therefore the Sessions Court is a court of competent jurisdiction under ss63-64 SCA. The High Court has the statutory power under paragraph 12 of the Schedule to the Courts of Judicature Act 1964 to transfer proceedings to a subordinate court. The prior consent of the PP under s177A CPC does not prevent the High Court from exercising its judicial power to transfer the case; accordingly the High Court ordered transfer of the listed criminal cases to the Sessions Court Kuala Lumpur.

Citation
WA-45C-2-06/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: EDY KO’IM BIN SAID; Accused: MOHAMAD NORAKMAL BIN HASSAN; Accused: DODY JUNAIDI; Accused: TENGKU ARIF BONGSU BIN TENGKU HAMID; Accused: MOHAMAD NAZIREE BIN MUSTAPHA; Accused: FAIZULL HARDEY BIN MOHD ISA; Accused: MUHAMMAD IQMAL BIN ABDUL RAHIS; Accused: MOHAMAD SUFIAN BIN SALY; Accused: MUHAMMAD AL HATIM BIN MOHD FAUZI; Accused: NIDARAHAYU BINTI ZAINAL; Accused: RAIBAFIE BIN AMDAN; Accused (joined Case): MOHD ZAIDI BIN MOHD ZAIN; Accused (joined Case): TENGKU HAZARUL ISMAIL BIN TENGKU HAMID
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 December 2023
Case Number
WA-45C-2-06/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal / Pre Trial Transfer to Sessions Court (order of Transfer Issued)
Outcome
Criminal Case No. WA-45C-1-06/2023 and WA-45C-2-06/2023 transferred from the High Court to Sessions Court Kuala Lumpur for trial; remand extended and further procedural matters to be dealt with by the Sessions Court
Legal Topics
Kidnapping, Jurisdiction, Transfer of Proceedings, Prosecutorial Discretion, Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Procedural Law Constitutional Law Kidnapping Jurisdiction Transfer of Proceedings Prosecutorial Discretion Abolition of Mandatory Death Penalty

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Parties

Public Prosecutor

Prosecutor

EDY KO’IM BIN SAID

Accused

MOHAMAD NORAKMAL BIN HASSAN

Accused

DODY JUNAIDI

Accused

TENGKU ARIF BONGSU BIN TENGKU HAMID

Accused

MOHAMAD NAZIREE BIN MUSTAPHA

Accused

FAIZULL HARDEY BIN MOHD ISA

Accused

MUHAMMAD IQMAL BIN ABDUL RAHIS

Accused

MOHAMAD SUFIAN BIN SALY

Accused

MUHAMMAD AL HATIM BIN MOHD FAUZI

Accused

NIDARAHAYU BINTI ZAINAL

Accused

RAIBAFIE BIN AMDAN

Accused

MOHD ZAIDI BIN MOHD ZAIN

Accused (joined Case)

TENGKU HAZARUL ISMAIL BIN TENGKU HAMID

Accused (joined Case)

Procedural Posture

Criminal / Pre Trial Transfer to Sessions Court (order of Transfer Issued)

Legal Issues

  1. 1 Whether High Court retains exclusive jurisdiction after abolition of death penalty for kidnapping offences
  2. 2 Whether the Public Prosecutor's consent under section 177A CPC precludes the High Court from transferring the case to the Sessions Court
  3. 3 Whether the High Court may transfer a case to a subordinate court under paragraph 12 of the Schedule to the Courts of Judicature Act 1964

Ratio Decidendi

With the abolition of the mandatory death penalty for kidnapping by Act 846 s52, the offence no longer attracts death; therefore the Sessions Court is a court of competent jurisdiction under ss63-64 SCA. The High Court has the statutory power under paragraph 12 of the Schedule to the Courts of Judicature Act 1964 to transfer proceedings to a subordinate court. The prior consent of the PP under s177A CPC does not prevent the High Court from exercising its judicial power to transfer the case; accordingly the High Court ordered transfer of the listed criminal cases to the Sessions Court Kuala Lumpur.

Court Disposition

Criminal Case No. WA-45C-1-06/2023 and WA-45C-2-06/2023 transferred from the High Court to Sessions Court Kuala Lumpur for trial; remand extended and further procedural matters to be dealt with by the Sessions Court

Orders

  • Transfer Criminal Case No. WA-45C-1-06/2023 and WA-45C-2-06/2023 to Sessions Court Kuala Lumpur for trial
  • Any further applications, including bail applications, to be dealt with by the Sessions Court (trial court)