SUCHAT TOHDIN

SUCHAT TOHDIN

The court allowed the prosecution's application to join the five criminal matters because the charges involve the same offence under section 26A, the same date/time and transaction, and the same set of witnesses (15); the application was made bona fide on review of investigation and charge papers; there was no evidence of prejudice or mala fide to the accused; subsection 170(1) Kanun Tatacara Jenayah authorises joinder and the joint trial would save time and costs, therefore joinder is proper and should be ordered.

Citation
RA-45SOM-3-04/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused/appellant: Suchat bin Tohdin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 July 2025
Case Number
RA-45SOM-3-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Joinder of Trials Under Subsection 170(1) Kanun Tatacara Jenayah / Interlocutory Application Decided (reasons for Decision)
Outcome
Application allowed; reasons delivered 4 October 2025
Legal Topics
Joinder of Charges, Subsection 170(1) Criminal Procedure Code, Section 26 a Anti‑trafficking in Persons and Smuggling of Migrants Act 2007, Prejudice/miscarriage of Justice, Efficiency and Court Economy
Source Language
Malay/English
Criminal Law Criminal Procedure Anti‑human Trafficking / Migrant Smuggling Law Joinder of Charges Subsection 170(1) Criminal Procedure Code Section 26 a Anti‑trafficking in Persons and Smuggling of Migrants Act 2007 Prejudice/miscarriage of Justice Efficiency and Court Economy

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Parties

Pendakwa Raya

Prosecution

Suchat bin Tohdin

Accused/appellant

Procedural Posture

Criminal Joinder of Trials Under Subsection 170(1) Kanun Tatacara Jenayah / Interlocutory Application Decided (reasons for Decision)

Legal Issues

  1. 1 Whether the joinder of the five criminal matters is permissible under subsection 170(1) Kanun Tatacara Jenayah
  2. 2 Whether joinder would prejudice the accused or cause a miscarriage of justice
  3. 3 Whether the prosecution's application was made bona fide

Ratio Decidendi

The court allowed the prosecution's application to join the five criminal matters because the charges involve the same offence under section 26A, the same date/time and transaction, and the same set of witnesses (15); the application was made bona fide on review of investigation and charge papers; there was no evidence of prejudice or mala fide to the accused; subsection 170(1) Kanun Tatacara Jenayah authorises joinder and the joint trial would save time and costs, therefore joinder is proper and should be ordered.

Court Disposition

Application allowed; reasons delivered 4 October 2025

Orders

  • Case RA-45SOM-3-04/2022 shall be tried jointly with RA-45SOM-16-09/2023, RA-45SOM-17-09/2023, RA-45SOM-18-09/2023 and RA-45SOM-19-09/2023