MOHAMMAD FERDAUS BIN ISHAK

MOHAMMAD FERDAUS BIN ISHAK

Given the complainant withdrew and declined to give evidence, the prosecution indicated it would not call further witnesses and did not intend to proceed, and continued pendency caused real prejudice to the accused (suspension from public service and uncertainty), the court properly exercised its discretion under Section 254 KTJ to discharge and release the accused from the charge.

Citation
RA-82-2-04/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohammad Ferdaus bin Ishak
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 October 2024
Case Number
RA-82-2-04/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Magistrates' Court (robbery/extortion) / Trial — Prosecution Witness Gave Evidence Then Prosecution Discontinued; Discharge Under Section 254 Sought
Outcome
Accused discharged and released from the charge under Section 254 Criminal Procedure Code.
Legal Topics
Section 384 Penal Code (extortion), Section 254 Criminal Procedure Code (prosecution Discontinuance), Discharge and Release From Charge, Discharge Not Amounting to Acquittal (dnaa), Prosecutorial Discretion, Public Interest and Prejudice to Accused
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Administrative/employment Law Section 384 Penal Code (extortion) Section 254 Criminal Procedure Code (prosecution Discontinuance) Discharge and Release From Charge Discharge Not Amounting to Acquittal (dnaa) +2 more

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Parties

Pendakwa Raya

Prosecutor

Mohammad Ferdaus bin Ishak

Accused

Procedural Posture

Criminal Magistrates' Court (robbery/extortion) / Trial — Prosecution Witness Gave Evidence Then Prosecution Discontinued; Discharge Under Section 254 Sought

Legal Issues

  1. 1 Whether Section 254 KTJ permits discharge of accused in these circumstances
  2. 2 Whether a discharge not amounting to acquittal (DNAA) was appropriate or available
  3. 3 Whether continued pendency of the charge prejudiced the accused and justified discharge

Ratio Decidendi

Given the complainant withdrew and declined to give evidence, the prosecution indicated it would not call further witnesses and did not intend to proceed, and continued pendency caused real prejudice to the accused (suspension from public service and uncertainty), the court properly exercised its discretion under Section 254 KTJ to discharge and release the accused from the charge.

Court Disposition

Accused discharged and released from the charge under Section 254 Criminal Procedure Code.

Orders

  • Accused Mohammad Ferdaus bin Ishak is discharged and released from the charge under Section 254 Kanun Tatacara Jenayah (Criminal Procedure Code).