MOHD SALWAN BIN AB AZIZ

MOHD SALWAN BIN AB AZIZ

Non-compliance with s.402A CPC and failure to observe ss.159/162 CPC when charges were amended, together with improper impeachment procedure and inadequate appraisal of defence evidence, rendered the Sessions Court convictions unsafe; appellate interference warranted and retrial ordered before a different judge.

Citation
AB-42JSKS(A)-2-03/2023 (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)-2-03/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Grounds of Judgment on Appeal From Sessions Court; Order for Retrial
Outcome
Convictions set aside; retrial ordered
Legal Topics
Alibi, Impeachment of Witness, Amendment of Charges, Retrial, Burden of Proof, Judicial Appreciation of Defence, Section 402 a CPC, Sections 159 and 162 CPC
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Criminal Procedure Alibi Impeachment of Witness Amendment of Charges Retrial +4 more

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Parties

Mohd Salwan Bin Ab. Aziz

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / High Court Grounds of Judgment on Appeal From Sessions Court; Order for Retrial

Legal Issues

  1. 1 Whether the Sessions Court Judge failed to properly consider and evaluate the appellant's evidence
  2. 2 Whether the impeachment proceeding against a defence witness was conducted in accordance with law and resulted in miscarriage of justice
  3. 3 Whether the Sessions Court made unsubstantiated findings of fact and misdirected in law regarding amendment of charges and recall of witnesses

Ratio Decidendi

Non-compliance with s.402A CPC and failure to observe ss.159/162 CPC when charges were amended, together with improper impeachment procedure and inadequate appraisal of defence evidence, rendered the Sessions Court convictions unsafe; appellate interference warranted and retrial ordered before a different judge.

Court Disposition

Convictions set aside; retrial ordered

Orders

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