DOLLY BIN SUROP

DOLLY BIN SUROP

Proceeding with trial despite prior engagement of counsel and the counsel's non-appearance (and eventual death), without giving appellant reasonable time to secure representation, coupled with the trial judge's failure to comply with s257 CPC to explain principal prosecution points and to assess appellant's capacity to self-represent, deprived the appellant of a fair trial and occasioned a miscarriage of justice; convictions unsafe and must be quashed.

Citation
BA-42JSKS-8-09/2019 dan BA-42JSKS-9-09/2019 (Mahkamah Tinggi)
Parties
Appellant/perayu: Dolly bin Surop; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2020
Case Number
BA-42JSKS-8-09/2019 dan BA-42JSKS-9-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences) / High Court Judgment on Appeal
Outcome
Appeal allowed; convictions quashed and sentences set aside
Legal Topics
Rape, Physical Sexual Assault, Right to Counsel, Fair Trial, Unrepresented Accused, Article 5(1) and (3) Federal Constitution, Section 376(3) Penal Code, Section 14(a) Sexual Offences Against Children Act 2017, Section 257 Criminal Procedure Code, Corroboration of Child Witness
Source Language
Malay/English
Criminal Law Sexual Offences Constitutional Law Evidence and Procedure Rape Physical Sexual Assault Right to Counsel Fair Trial +6 more

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Parties

Dolly bin Surop

Appellant/perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (sexual Offences) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether appellant was denied right to counsel and a fair trial by proceeding without his advocate
  2. 2 Whether the trial judge failed to comply with s257 CPC to explain prosecution case to undefended accused
  3. 3 Whether appellant, unrepresented, had fair opportunity to cross-examine and present defence

Ratio Decidendi

Proceeding with trial despite prior engagement of counsel and the counsel's non-appearance (and eventual death), without giving appellant reasonable time to secure representation, coupled with the trial judge's failure to comply with s257 CPC to explain principal prosecution points and to assess appellant's capacity to self-represent, deprived the appellant of a fair trial and occasioned a miscarriage of justice; convictions unsafe and must be quashed.

Court Disposition

Appeal allowed; convictions quashed and sentences set aside

Orders

  • Appeal allowed
  • Convictions quashed on all charges