PENDAKWARAYA TRANSCOASTAL SDN BHD

PENDAKWARAYA TRANSCOASTAL SDN BHD

Extension of time under Section 310 CrPC was granted because the applicant reasonably relied on the magistrate's order and court notation that appeared to include both case numbers; the filing error was attributable to the court's recordation and did not produce unjustifiable prejudice that would bar relief, therefore leave to file an appeal out of time for BL-87-4490-09/2017 is warranted.

Citation
BL-44-6-04/2021 (Mahkamah Tinggi)
Parties
Applicant/prosecutor: Pendakwaraya; Respondent/accused: Transcoastal Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 June 2021
Case Number
BL-44-6-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal/application / Application for Extension of Time to File Notice of Appeal Under Section 310 Criminal Procedure Code
Outcome
Application allowed
Legal Topics
Extension of Time, Notice of Appeal, Joint Trial, Judicial Notice, Procedural Irregularity
Source Language
Malay/English
Criminal Procedure Customs Law Appeals Extension of Time Notice of Appeal Joint Trial Judicial Notice Procedural Irregularity

Case Brief

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Parties

Pendakwaraya

Applicant/prosecutor

Transcoastal Sdn Bhd

Respondent/accused

Procedural Posture

Criminal Appeal/application / Application for Extension of Time to File Notice of Appeal Under Section 310 Criminal Procedure Code

Legal Issues

  1. 1 Whether a single notice of appeal filed for two distinct magistrates' court case numbers can be treated as valid for both cases
  2. 2 Whether leave/extension of time under Section 310 Criminal Procedure Code should be granted to file an appeal out of time
  3. 3 Whether the applicant reasonably relied on a court document indicating a joint trial and whether that reliance justifies extension

Ratio Decidendi

Extension of time under Section 310 CrPC was granted because the applicant reasonably relied on the magistrate's order and court notation that appeared to include both case numbers; the filing error was attributable to the court's recordation and did not produce unjustifiable prejudice that would bar relief, therefore leave to file an appeal out of time for BL-87-4490-09/2017 is warranted.

Court Disposition

Application allowed

Orders

  • Extension of time granted to the Applicant to file an appeal in respect of Magistrates' Court Case No. BL-87-4490-09/2017