[ ] MOHD SHAFIQ BIN MOKHTAR

[ ] MOHD SHAFIQ BIN MOKHTAR

Prosecution withdrew the charge because the complainant would not proceed and provided no strong or satisfactory reasons to justify leaving the charge pending; under s254 and binding authority (Vigny Alfred Raj) the court must, absent exceptional justification, order the discharge to amount to an acquittal and refuse a DNAA when the prosecution cannot demonstrate necessity in the public interest.

Citation
WA-85-623-10/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Shafiq bin Mokhtar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 August 2023
Case Number
WA-85-623-10/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (offence Under S323 Penal Code Read With S326 A) / Trial Adjourned; Prosecution Withdrew Charge and Applied for Discharge Not Amounting to Acquittal Under S254(3) Criminal Procedure Code
Outcome
Accused discharged and acquitted; prosecution's application for DNAA refused
Legal Topics
Withdrawal of Prosecution, Section 254 Criminal Procedure Code, Discharge Not Amounting to Acquittal (dnaa), Prosecutorial Discretion, Acquittal
Source Language
Malay/English
Criminal Law Criminal Procedure Withdrawal of Prosecution Section 254 Criminal Procedure Code Discharge Not Amounting to Acquittal (dnaa) Prosecutorial Discretion Acquittal

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Parties

Public Prosecutor

Prosecutor

Mohd Shafiq bin Mokhtar

Accused

Procedural Posture

Criminal (offence Under S323 Penal Code Read With S326 A) / Trial Adjourned; Prosecution Withdrew Charge and Applied for Discharge Not Amounting to Acquittal Under S254(3) Criminal Procedure Code

Legal Issues

  1. 1 Whether the court should direct that a discharge under s254 amount to an acquittal when the prosecution withdraws the charge
  2. 2 Whether a DNAA under s254(3) is appropriate where investigations are complete or where prosecution seeks to keep the charge pending indefinitely
  3. 3 Whether the prosecution has provided sufficient and compelling reasons to justify a DNAA

Ratio Decidendi

Prosecution withdrew the charge because the complainant would not proceed and provided no strong or satisfactory reasons to justify leaving the charge pending; under s254 and binding authority (Vigny Alfred Raj) the court must, absent exceptional justification, order the discharge to amount to an acquittal and refuse a DNAA when the prosecution cannot demonstrate necessity in the public interest.

Court Disposition

Accused discharged and acquitted; prosecution's application for DNAA refused

Orders

  • Accused Mohd Shafiq bin Mokhtar is discharged and acquitted (lepas dan dibebaskan).
  • Prosecution's application for a discharge not amounting to an acquittal (DNAA) under s254(3) Criminal Procedure Code is refused.