LOW THIAM HOCK

LOW THIAM HOCK

The Sessions Court judge relied on the complete agreed notes of proceedings and sufficiently ascertained and authenticated the transcript under s.272F CPC; the High Court correctly dismissed the revision as an improper vehicle where an appeal lies and affirmed compliance with procedural requirements, and there is no right to appeal to the Federal Court from a revisionary decision under s.87 CJA.

Citation
W-05-262-05/2018 (Mahkamah Rayuan)
Parties
Appellant: Low Thiam Hock; Respondent: Public Prosecutor
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
12 October 2020
Case Number
W-05-262-05/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Arising From Revision Application / Court of Appeal Judgment (appeal Dismissed; High Court Decision Affirmed)
Outcome
Appeal dismissed; High Court decision dismissing revision application affirmed.
Legal Topics
Transcript/notes of Proceedings Authentication, Revisionary Jurisdiction Vs Appeal, Appealability to Federal Court, Compliance With S.272 F CPC, Use of Ss.31 and 35 CJA, S.84 Securities Industry Act 1983, Abuse of Process/preliminary Objection
Source Language
Malay/English
Criminal Law Securities Regulation Procedural Law Appeal and Revision Jurisdiction Transcript/notes of Proceedings Authentication Revisionary Jurisdiction Vs Appeal Appealability to Federal Court Compliance With S.272 F CPC +3 more

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Parties

Low Thiam Hock

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal Arising From Revision Application / Court of Appeal Judgment (appeal Dismissed; High Court Decision Affirmed)

Legal Issues

  1. 1 Whether the Sessions Court judge ascertained accuracy and reliability of transcript under s.272F(3) CPC
  2. 2 Whether transcript was authenticated under s.272F(4) CPC despite multiple sets/partial signatures
  3. 3 Whether the High Court properly exercised revision where an appeal against conviction and sentence was pending (abuse/backdoor appeal)

Ratio Decidendi

The Sessions Court judge relied on the complete agreed notes of proceedings and sufficiently ascertained and authenticated the transcript under s.272F CPC; the High Court correctly dismissed the revision as an improper vehicle where an appeal lies and affirmed compliance with procedural requirements, and there is no right to appeal to the Federal Court from a revisionary decision under s.87 CJA.

Court Disposition

Appeal dismissed; High Court decision dismissing revision application affirmed.

Orders

  • Appeal dismissed.
  • High Court decision affirmed.