Dato' Gee Siew Yee Pendakwaraya

Dato' Gee Siew Yee Pendakwaraya

A discharge not amounting to an acquittal (DNAA) is not a final decision and therefore not appealable; the High Court lacked jurisdiction to entertain the appeal and properly dismissed it; the Sessions Court correctly granted DNAA when the prosecution elected to discontinue and the court may not substitute an acquittal unless the prosecution so directs.

Citation
WA-42(ORS)-31-12/2018 (Mahkamah Tinggi)
Parties
Appellant: DATO’ GEE SIEW YEE; Respondent: PUBLIC PROSECUTOR
Court
ORS
Jurisdiction
Malaysia
Judgment Date
18 September 2019
Case Number
WA-42(ORS)-31-12/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Hearing on Appeal Against Sessions Court Discharge Not Amounting to an Acquittal (dnaa)
Outcome
Appeal dismissed
Legal Topics
Discharge Not Amounting to Acquittal, Acquittal and Discharge, Prosecutorial Discretion, Venue Jurisdiction Under Section 122 CPC, Appealability of Interim Orders
Source Language
Malay/English
Criminal Procedure Constitutional Law Computer Crime Discharge Not Amounting to Acquittal Acquittal and Discharge Prosecutorial Discretion Venue Jurisdiction Under Section 122 CPC Appealability of Interim Orders

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Parties

DATO’ GEE SIEW YEE

Appellant

PUBLIC PROSECUTOR

Respondent

Procedural Posture

Criminal Appeal / Hearing on Appeal Against Sessions Court Discharge Not Amounting to an Acquittal (dnaa)

Legal Issues

  1. 1 Whether a DNAA is appealable
  2. 2 Whether the accused should have been acquitted and discharged (A&D) instead of DNAA
  3. 3 Whether the Sessions Court erred in granting DNAA where prosecution cited jurisdictional concerns under section 122 CPC

Ratio Decidendi

A discharge not amounting to an acquittal (DNAA) is not a final decision and therefore not appealable; the High Court lacked jurisdiction to entertain the appeal and properly dismissed it; the Sessions Court correctly granted DNAA when the prosecution elected to discontinue and the court may not substitute an acquittal unless the prosecution so directs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Sessions Court granting discharge not amounting to an acquittal is affirmed