[Timbalan (TPR), Jabatan Peguam Negara] MOHD ALI BIN AB GHANI

[Timbalan (TPR), Jabatan Peguam Negara] MOHD ALI BIN AB GHANI

The High Court was bound by the Court of Appeal's remittal order and could not grant the prosecutor's request to cancel the appeal; having considered the record and the trial judge's brief notes, and with the parties' agreement, the High Court lawfully exercised its revision powers in the appellate proceeding and...

Source-derived case information.

Citation
CB-42JSKLB-1-02/2023 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Mohd Ali bin Ab Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 February 2025
Case Number
CB-42JSKLB-1-02/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Management
Outcome
Appeal dismissed; acquittal of respondent upheld
Legal Topics
Delay in Grounds of Judgment, Grounds of Judgment Requirement, Right to Liberty (art.5), Revision Powers of Appellate Court, Powers of Court of Appeal/high Court, Judicial Duty and Ethics
Criminal Procedure Constitutional Law Judicial Review Judicial Ethics Delay in Grounds of Judgment Grounds of Judgment Requirement Right to Liberty (art.5) Revision Powers of Appellate Court +2 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Appellant

Mohd Ali bin Ab Ghani

Respondent

Procedural Posture

Criminal Appeal / Appeal Management

  1. 1 Whether an appeal may be cancelled/dismissed for failure of trial judge to furnish grounds of judgment and prolonged delay
  2. 2 Whether the High Court may exercise its revision powers in an appellate proceeding absent full grounds of judgment
  3. 3 Whether delay in supplying grounds of judgment causes prejudice to parties and breaches constitutional right to liberty

Ratio Decidendi

The High Court was bound by the Court of Appeal's remittal order and could not grant the prosecutor's request to cancel the appeal; having considered the record and the trial judge's brief notes, and with the parties' agreement, the High Court lawfully exercised its revision powers in the appellate proceeding and found no legal or procedural error warranting overturning the Sessions Court's acquittal, so the acquittal is maintained.

Court Disposition

Appeal dismissed; acquittal of respondent upheld

Orders

  • Appeal dismissed and the decision of the Sessions Court acquitting the respondent is maintained