Chang Siau Ying

Chang Siau Ying

Applicants failed to discharge the heavy burden of proving compelling prima facie evidence of illegality, procedural impropriety, irrationality or mala fides in the Public Prosecutor's decision; absent such proof, the Court will not substitute its view for prosecutorial discretion and therefore will not quash charges pre-trial; applications dismissed.

Citation
BA-44-106-08/2023 (Mahkamah Tinggi)
Parties
Applicant: Lim Seng Khai; Applicant: Hoo Hai Seoang @ Lawrence Hoo; Applicant: Chang Siau Ying; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 January 2024
Case Number
BA-44-106-08/2023 (Mahkamah Tinggi)
Procedural Posture
Notice of Motion to Quash Criminal Charges / High Court Determination of Notice of Motion
Outcome
Applications dismissed; charges not quashed
Legal Topics
Quashing of Charges, Prosecutorial Discretion, Consent Judgment Effect, Abuse of Process, Inherent Jurisdiction, Separation of Powers
Source Language
Malay/English
Criminal Law Constitutional Law Civil Procedure Judicial Review Administrative Law Quashing of Charges Prosecutorial Discretion Consent Judgment Effect +3 more

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Parties

Lim Seng Khai

Applicant

Hoo Hai Seoang @ Lawrence Hoo

Applicant

Chang Siau Ying

Applicant

Public Prosecutor

Respondent

Procedural Posture

Notice of Motion to Quash Criminal Charges / High Court Determination of Notice of Motion

Legal Issues

  1. 1 Whether the High Court can quash criminal charges where parties have entered a civil consent judgment
  2. 2 Whether the Attorney General/Public Prosecutor's decision to prosecute is susceptible to judicial review in this context
  3. 3 Whether the prosecution amounts to abuse of process, mala fides or oppression

Ratio Decidendi

Applicants failed to discharge the heavy burden of proving compelling prima facie evidence of illegality, procedural impropriety, irrationality or mala fides in the Public Prosecutor's decision; absent such proof, the Court will not substitute its view for prosecutorial discretion and therefore will not quash charges pre-trial; applications dismissed.

Court Disposition

Applications dismissed; charges not quashed

Orders

  • The applicants' motions to quash the charges are dismissed
  • No acquittal ordered; criminal proceedings to continue