PETER ANTHONY PUBLIC PROSECUTOR

PETER ANTHONY PUBLIC PROSECUTOR

The High Court's dismissal of the interlocutory Notice of Motion is not an appealable 'decision' within s3 CJA because it did not finally dispose of the parties' rights; further, the High Court in Malaya and its subordinate Sessions Courts lack jurisdiction to transfer or try matters beyond Peninsular Malaysia (Sabah/Sarawak) so the motion to transfer to Kota Kinabalu was properly dismissed and the court need not consider s417 CPC merits.

Citation
WA-44-3-01/2021 (Mahkamah Tinggi)
Parties
Appellant: PETER ANTHONY; Respondent: PUBLIC PROSECUTOR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 March 2021
Case Number
WA-44-3-01/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Appeal Against Dismissal of Notice of Motion to Transfer Trial Under S417 CPC (interlocutory)
Outcome
Notice of Motion to transfer dismissed; decision held not appealable to Court of Appeal
Legal Topics
Transfer of Venue, Appealability of Interlocutory Orders, Territorial Jurisdiction of Sessions Courts, Section 417 Criminal Procedure Code, Definition of 'decision' Under Courts of Judicature Act
Source Language
Malay/English
Criminal Procedure Jurisdictional Law Constitutional Law Transfer of Venue Appealability of Interlocutory Orders Territorial Jurisdiction of Sessions Courts Section 417 Criminal Procedure Code Definition of 'decision' Under Courts of Judicature Act

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Parties

PETER ANTHONY

Appellant

PUBLIC PROSECUTOR

Respondent

Procedural Posture

Criminal / Appeal Against Dismissal of Notice of Motion to Transfer Trial Under S417 CPC (interlocutory)

Legal Issues

  1. 1 Whether the High Court's dismissal of the Notice of Motion is an appealable 'decision' under s3 and s50 Courts of Judicature Act
  2. 2 Whether the Kota Kinabalu Sessions Court has territorial jurisdiction to try an offence filed in Kuala Lumpur
  3. 3 Whether the High Court in Malaya may transfer proceedings to a court in Sabah under s417 CPC and related transfer provisions

Ratio Decidendi

The High Court's dismissal of the interlocutory Notice of Motion is not an appealable 'decision' within s3 CJA because it did not finally dispose of the parties' rights; further, the High Court in Malaya and its subordinate Sessions Courts lack jurisdiction to transfer or try matters beyond Peninsular Malaysia (Sabah/Sarawak) so the motion to transfer to Kota Kinabalu was properly dismissed and the court need not consider s417 CPC merits.

Court Disposition

Notice of Motion to transfer dismissed; decision held not appealable to Court of Appeal

Orders

  • Notice of Motion under s417 Criminal Procedure Code dismissed
  • Declared that the High Court's dismissal is not an appealable 'decision' under s3 CJA; appeal to Court of Appeal is not available in respect of this interlocutory ruling