PUBLIC PROSECUTOR CHEW TECK HOOI

PUBLIC PROSECUTOR CHEW TECK HOOI

The High Court exercised its discretion under section 310 CPC to grant a limited extension because the delay was minimal (application filed roughly one week after expiry), the prosecution acted promptly upon discovering the omission, there was arguable merit in pursuing the appeal, and no prejudice to the respondent...

Source-derived case information.

Citation
PA-44-67-12/2019 (Mahkamah Tinggi)
Parties
Applicant: Public Prosecutor; Respondent: Chew Teck Hoo
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 June 2020
Case Number
PA-44-67-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Application for Extension of Time to File Notice of Appeal / High Court Application Under Section 310 Criminal Procedure Code
Outcome
Extension of time granted
Legal Topics
Extension of Time, Section 310 Criminal Procedure Code, Section 307 Criminal Procedure Code, Appeal Against Acquittal, Substantial Justice, Time Limits
Criminal Law Criminal Procedure Appeals Extension of Time Section 310 Criminal Procedure Code Section 307 Criminal Procedure Code Appeal Against Acquittal Substantial Justice +1 more

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Parties

Public Prosecutor

Applicant

Chew Teck Hoo

Respondent

Procedural Posture

Criminal Application for Extension of Time to File Notice of Appeal / High Court Application Under Section 310 Criminal Procedure Code

Legal Issues

  1. 1 Whether the High Court should exercise its discretion under section 310 CPC to allow an extension of time to file a notice of appeal
  2. 2 Whether the reasons given for delay constituted a reasonable justification
  3. 3 Whether granting an extension would cause prejudice to the respondent

Ratio Decidendi

The High Court exercised its discretion under section 310 CPC to grant a limited extension because the delay was minimal (application filed roughly one week after expiry), the prosecution acted promptly upon discovering the omission, there was arguable merit in pursuing the appeal, and no prejudice to the respondent would result; granting the extension was necessary to achieve substantial justice.

Court Disposition

Extension of time granted

Orders

  • Applicant granted an extension of seven (7) days from the date of the order (18 Jun 2020) to file a notice of appeal in the Butterworth Sessions Court.