GOH PIAK KENG

GOH PIAK KENG

Where the prosecution expressly informs the court it will not further prosecute at that stage and requests DNAA, the court lawfully may order discharge not amounting to acquittal under s.254 KTJ; given the prosecution's stated intention to possibly proceed later, DNAA was the appropriate order.

Citation
JA-83-3942-07/2025 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: GOH PIAK KENG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 December 2025
Case Number
JA-83-3942-07/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / DNAA Ordered at Mention; Appeal Filed Against DNAA Order
Outcome
Order of discharge not amounting to acquittal (DNAA) was proper and is affirmed/made by the court
Legal Topics
Prosecutorial Discretion, Discharge Not Amounting to Acquittal (dnaa), Section 254 Criminal Procedure Code, Court's Discretion to Grant Acquittal
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Prosecutorial Discretion Discharge Not Amounting to Acquittal (dnaa) Section 254 Criminal Procedure Code Court's Discretion to Grant Acquittal

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Parties

PENDAKWA RAYA

Prosecution

GOH PIAK KENG

Accused

Procedural Posture

Criminal / DNAA Ordered at Mention; Appeal Filed Against DNAA Order

Legal Issues

  1. 1 Whether an order discharging accused without acquittal (DNAA) is lawful under s.254 KTJ
  2. 2 Whether the court should instead grant discharge amounting to acquittal (D&A)
  3. 3 Scope of prosecutorial discretion under Article 145(3) and s.376 KTJ

Ratio Decidendi

Where the prosecution expressly informs the court it will not further prosecute at that stage and requests DNAA, the court lawfully may order discharge not amounting to acquittal under s.254 KTJ; given the prosecution's stated intention to possibly proceed later, DNAA was the appropriate order.

Court Disposition

Order of discharge not amounting to acquittal (DNAA) was proper and is affirmed/made by the court

Orders

  • Accused GOH PIAK KENG discharged not amounting to acquittal (DNAA) pursuant to Section 254 Kanun Tatacara Jenayah
  • Case may be reinstated by prosecution if there are future developments