MOHD KHAIRUL AZLAN BIN MOHD NAPI (NO. K/P: 860120-33-5287)

MOHD KHAIRUL AZLAN BIN MOHD NAPI (NO. K/P: 860120-33-5287)

The High Court will not rehear and overturn a decision on the same stay application previously decided by another High Court judge in the same case; stay of execution is discretionary and requires special circumstances or risk of appeal being nugatory, and the applicant's medical and COVID-19 grounds were factually insufficient to meet that threshold; therefore the application for stay pending appeal is dismissed.

Citation
CB-44-5-07/2021 (Mahkamah Tinggi)
Parties
Applicant: Mohd Khairul Azlan bin Mohd Napi; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2021
Case Number
CB-44-5-07/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Application for Stay of Execution/bail Pending Appeal / Interlocutory Application in High Court After Conviction and Sentence
Outcome
Application dismissed
Legal Topics
Stay of Execution, Bail Pending Appeal, Interlocutory Application, Jurisdiction Between Coordinate High Court Judges, Medical/covid 19 Grounds for Stay
Source Language
Malay/English
Criminal Law Procedural Law Judicial Review Stay of Execution Bail Pending Appeal Interlocutory Application Jurisdiction Between Coordinate High Court Judges Medical/covid 19 Grounds for Stay

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Parties

Mohd Khairul Azlan bin Mohd Napi

Applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal Application for Stay of Execution/bail Pending Appeal / Interlocutory Application in High Court After Conviction and Sentence

Legal Issues

  1. 1 Whether a High Court can rehear an application for stay of execution already decided by another High Court judge in the same case
  2. 2 Whether the present application is properly an application for bail or for stay of execution and whether it may be renewed
  3. 3 What test applies for grant of stay of execution in criminal cases (special circumstances/nugatory)

Ratio Decidendi

The High Court will not rehear and overturn a decision on the same stay application previously decided by another High Court judge in the same case; stay of execution is discretionary and requires special circumstances or risk of appeal being nugatory, and the applicant's medical and COVID-19 grounds were factually insufficient to meet that threshold; therefore the application for stay pending appeal is dismissed.

Court Disposition

Application dismissed

Orders

  • Notis usul ditolak; permohonan penangguhan pelaksanaan hukuman (stay of execution) ditolak