MOHD SALWAN BIN AB AZIZ

MOHD SALWAN BIN AB AZIZ

Convictions were unsafe due to material procedural errors: trial judge failed to comply with s.402A CPC and ss.159/162 CPC when charges were amended (failing to inform accused of alibi rights and to allow recall/re-examination of witnesses), impeached a defence witness without affording opportunity to explain contradictions, and did not properly evaluate defence evidence (including alibi roster); these errors required setting aside convictions and ordering retrial before a different judge.

Citation
AB-42JSKS(A)-1-03/2023 (Mahkamah Tinggi)
Parties
Appellant: Mohd Salwan Bin Ab. Aziz; Respondent: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
11 March 2024
Case Number
AB-42JSKS(A)-1-03/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal to High Court Against Sessions Court Convictions / Appeal Heard and Judgment Delivered; Convictions Set Aside and Matter Remitted for Retrial
Outcome
High Court set aside convictions on all charges and ordered retrial
Legal Topics
Alibi, Charge Amendment, Impeachment of Witness, Judicial Evaluation of Defence, Re Trial, Section 402 a CPC, Sections 159 and 162 CPC
Source Language
Malay/English
Criminal Law Sexual Offences Criminal Procedure Evidence Law Alibi Charge Amendment Impeachment of Witness Judicial Evaluation of Defence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohd Salwan Bin Ab. Aziz

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal to High Court Against Sessions Court Convictions / Appeal Heard and Judgment Delivered; Convictions Set Aside and Matter Remitted for Retrial

Legal Issues

  1. 1 Whether trial judge failed to properly consider and evaluate appellant's evidence
  2. 2 Whether impeachment procedure against defence witness was conducted properly
  3. 3 Whether trial judge made unsubstantiated findings of fact

Ratio Decidendi

Convictions were unsafe due to material procedural errors: trial judge failed to comply with s.402A CPC and ss.159/162 CPC when charges were amended (failing to inform accused of alibi rights and to allow recall/re-examination of witnesses), impeached a defence witness without affording opportunity to explain contradictions, and did not properly evaluate defence evidence (including alibi roster); these errors required setting aside convictions and ordering retrial before a different judge.

Court Disposition

High Court set aside convictions on all charges and ordered retrial

Orders

  • Convictions on all four charges set aside
  • Cases remitted to Kuala Kangsar Sessions Court to be re-tried by a different Sessions Court Judge