PUBLIC PROSECUTOR MOHAMAD SHAFIE BIN ABDUL RANI

PUBLIC PROSECUTOR MOHAMAD SHAFIE BIN ABDUL RANI

Once appeals are filed and the record is before the High Court the Court retains jurisdiction; a notice of withdrawal does not end the appeal until the Court allows it; the High Court may exercise its revisionary powers under section 325 CPC even while an appeal is pending and may strike out filed notices of withdrawal and proceed to hear the appeals and exercise revision in the presence of the accused and counsel to safeguard the ends of justice.

Citation
AA-42JSKLB(A)-1-10/2020, AA-42JSKLB(A)-2-10/2020, AA-42JSKLB(A)-3-10/2020 (Mahkamah Tinggi)
Parties
Appellant: Public Prosecutor; Respondent: Mohamad Shafie bin Abdul Rani
Court
A
Jurisdiction
Malaysia
Judgment Date
23 July 2021
Case Number
AA-42JSKLB(A)-1-10/2020, AA-42JSKLB(A)-2-10/2020, AA-42JSKLB(A)-3-10/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Hearing on Withdrawal of Appeal and Exercise of Revisionary Powers
Outcome
Application by Deputy Public Prosecutor allowed; notices of withdrawal struck out; appeals set down for hearing and revision; hearing deferred to a later date
Legal Topics
Revisionary Powers, Withdrawal of Appeal, Prosecutorial Discretion, Judicial Review, Sexual Offences Against Children Act 2017
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Child Protection Law Administrative Law Revisionary Powers Withdrawal of Appeal Prosecutorial Discretion +2 more

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Parties

Public Prosecutor

Appellant

Mohamad Shafie bin Abdul Rani

Respondent

Procedural Posture

Criminal Appeal / Hearing on Withdrawal of Appeal and Exercise of Revisionary Powers

Legal Issues

  1. 1 Whether filing a notice of withdrawal of appeal brings an appeal to an end immediately
  2. 2 Whether the Court can exercise its revisionary powers under Chapter XXXI CPC after a notice of withdrawal of appeal has been filed
  3. 3 Whether an appeal can be heard together with the Court exercising its revisionary powers

Ratio Decidendi

Once appeals are filed and the record is before the High Court the Court retains jurisdiction; a notice of withdrawal does not end the appeal until the Court allows it; the High Court may exercise its revisionary powers under section 325 CPC even while an appeal is pending and may strike out filed notices of withdrawal and proceed to hear the appeals and exercise revision in the presence of the accused and counsel to safeguard the ends of justice.

Court Disposition

Application by Deputy Public Prosecutor allowed; notices of withdrawal struck out; appeals set down for hearing and revision; hearing deferred to a later date

Orders

  • Struck out the three notices of withdrawal of appeal filed by the prosecution
  • Set the three appeals down for hearing and exercise of revisionary powers under s325 CPC