MOHD SHARWANDY BIN SOLLAHUDIN

MOHD SHARWANDY BIN SOLLAHUDIN

Section 311 CPC confers discretion to stay execution but applicant failed to establish 'special circumstances' sufficient to exercise that discretion; employment status as a public servant and unsubstantiated assertion that s114(g) was applied are insufficient and speculative; absence of supporting trial grounds/transcript and the seriousness and length of the sentences militated against granting suspension; therefore both the application to stay the conviction and to suspend execution of sentences were dismissed.

Citation
KA-44(A)-2-06/2024 (Mahkamah Tinggi)
Parties
Applicant: Mohd Sharwandy bin Sollahuddin; Respondent: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
11 July 2024
Case Number
KA-44(A)-2-06/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Application to Stay Execution and Suspend Sentences Pending Appeal / High Court Decision on Stay/suspension (hearing and Judgment)
Outcome
Application dismissed
Legal Topics
Stay of Execution, Suspension of Sentence, Bail Pending Appeal, Special Circumstances Test, Section 311 CPC, Section 114(g) Evidence Act, Possession and Knowledge Issues
Source Language
Malay/English
Criminal Procedure Evidence Law Wildlife Conservation Law Constitutional Law Stay of Execution Suspension of Sentence Bail Pending Appeal Special Circumstances Test +3 more

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Parties

Mohd Sharwandy bin Sollahuddin

Applicant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Application to Stay Execution and Suspend Sentences Pending Appeal / High Court Decision on Stay/suspension (hearing and Judgment)

Legal Issues

  1. 1 Whether the High Court has jurisdiction under s311 CPC to stay execution of conviction
  2. 2 Whether applicant established 'special circumstances' to justify stay of conviction
  3. 3 Whether suspension of execution of multiple custodial sentences pending appeal should be granted

Ratio Decidendi

Section 311 CPC confers discretion to stay execution but applicant failed to establish 'special circumstances' sufficient to exercise that discretion; employment status as a public servant and unsubstantiated assertion that s114(g) was applied are insufficient and speculative; absence of supporting trial grounds/transcript and the seriousness and length of the sentences militated against granting suspension; therefore both the application to stay the conviction and to suspend execution of sentences were dismissed.

Court Disposition

Application dismissed

Orders

  • Application to stay execution of conviction under section 311 CPC dismissed
  • Application to suspend execution of sentences pending appeal dismissed