MUHAMAD ROSRI ZALMI BIN MUHAMMAD (NO. K/P: 891029-06-5839)

MUHAMAD ROSRI ZALMI BIN MUHAMMAD (NO. K/P: 891029-06-5839)

Application to amend the notice of appeal to include conviction and for extension of time was dismissed. The court held that although imprisonment and COVID-19 restrictions are relevant, they do not automatically permit amendment that changes the fundamental basis of an appeal originally limited to sentence; allowing such amendment would prejudice the prosecution and undermine procedural certainty. The court emphasized the need for appellants to decide and state whether appeal is against conviction or sentence and that amendment is discretionary and not warranted on the facts presented.

Citation
CB-44-6-11/2021 (Mahkamah Tinggi)
Parties
Pemohon: Muhamad Rosri Zalmi bin Muhammad; Responden: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 January 2022
Case Number
CB-44-6-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Application to Amend Notice of Appeal and for Extension of Time / Application Hearing at High Court (motion to Amend Notice of Appeal and Extension of Time)
Outcome
Application dismissed
Legal Topics
Amendment of Notice of Appeal, Extension of Time, Appeal Procedure Under Section 307 KPJ, Section 310 KPJ Discretion, Child Sexual Offences
Source Language
Malay/English
Criminal Procedure Appeal Law Sexual Offences Prisoners' Rights Amendment of Notice of Appeal Extension of Time Appeal Procedure Under Section 307 KPJ Section 310 KPJ Discretion +1 more

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Parties

Muhamad Rosri Zalmi bin Muhammad

Pemohon

Pendakwa Raya

Responden

Procedural Posture

Criminal Application to Amend Notice of Appeal and for Extension of Time / Application Hearing at High Court (motion to Amend Notice of Appeal and Extension of Time)

Legal Issues

  1. 1 Whether a notice of appeal originally limited to sentence can be validly amended to include appeal against conviction
  2. 2 Whether delay in seeking amendment/extension of time is satisfactorily explained given incarceration and COVID-19/PKP restrictions
  3. 3 Whether allowing amendment would prejudice the prosecution or amount to abuse of process

Ratio Decidendi

Application to amend the notice of appeal to include conviction and for extension of time was dismissed. The court held that although imprisonment and COVID-19 restrictions are relevant, they do not automatically permit amendment that changes the fundamental basis of an appeal originally limited to sentence; allowing such amendment would prejudice the prosecution and undermine procedural certainty. The court emphasized the need for appellants to decide and state whether appeal is against conviction or sentence and that amendment is discretionary and not warranted on the facts presented.

Court Disposition

Application dismissed

Orders

  • Application to amend notice of appeal to include appeal against conviction and application for extension of time dismissed