[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN ABD RAHMAN

[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN ABD RAHMAN

The appeal was struck out because the prolonged failure to produce the grounds of judgment and complete the record—well beyond the prescribed period—caused prejudice to the acquitted respondent and prevented timely adjudication; striking out is the appropriate remedy while preserving the prosecutor's ability to reapply on merits.

Citation
CB-42LB-5-11/2022 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Abdullah bin Abd Rahman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 October 2023
Case Number
CB-42LB-5-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Case Management / Pre Hearing (appeal Pending; Record Incomplete)
Outcome
Appeal struck out (rayuan dibatalkan)
Legal Topics
Delay in Grounds of Judgment, Striking Out Appeal, Right to Liberty, Case Management
Source Language
Malay/English
Criminal Law Appeals Court Procedure Delay in Grounds of Judgment Striking Out Appeal Right to Liberty Case Management

Case Brief

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Parties

Pendakwa Raya

Appellant

Abdullah bin Abd Rahman

Respondent

Procedural Posture

Criminal Appeal / Case Management / Pre Hearing (appeal Pending; Record Incomplete)

Legal Issues

  1. 1 Whether appeal should be struck out or dismissed due to failure to produce grounds of judgment
  2. 2 Whether undue delay in preparing grounds and record prejudices the respondent's right to liberty and justifies striking out the appeal
  3. 3 Appropriate remedy and availability of reinstatement/relist of appeal

Ratio Decidendi

The appeal was struck out because the prolonged failure to produce the grounds of judgment and complete the record—well beyond the prescribed period—caused prejudice to the acquitted respondent and prevented timely adjudication; striking out is the appropriate remedy while preserving the prosecutor's ability to reapply on merits.

Court Disposition

Appeal struck out (rayuan dibatalkan)

Orders

  • Rayuan ini dibatalkan (appeal struck out)
  • Perayu may apply to have the appeal relisted/reinstated for hearing based on the merits subject to fresh application and argument