[ ] Mohamad Shafie Bin Abdul Rani

[ ] Mohamad Shafie Bin Abdul Rani

The High Court held that registration of appeals places the matters within the Court's jurisdiction and a notice of withdrawal lodged by the prosecution does not automatically end the appeal; the Court may exercise its revisionary powers under section 325 CPC even where an appeal is pending and may decide whether to allow withdrawal. Exercising that jurisdiction in the interests of justice, the Court struck out the notices of withdrawal and set the appeals down for hearing and revision (hearing deferred).

Citation
AA-42JSKLB(A)-2-10/2020 (Mahkamah Tinggi)
Parties
Appellant: Public Prosecutor; Respondent: Mohamad Shafie bin Abdul Rani
Court
A
Jurisdiction
Malaysia
Judgment Date
25 October 2021
Case Number
AA-42JSKLB(A)-2-10/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Acquittal / Pre Hearing; Notices of Withdrawal Filed; Court Exercised Revisionary Powers and Set Appeals for Hearing
Outcome
Court allowed the prosecution's application to retract the notices of withdrawal by striking out the notices and proceeded to set the appeals for hearing and revision; hearing deferred to a later date
Legal Topics
Revisionary Powers, Withdrawal of Appeal, Appeal Against Acquittal, Judicial Review of Prosecutorial Discretion, Sexual Offences Against Children
Source Language
Malay/English
Criminal Law Children's Law Procedural Law Constitutional Law Revisionary Powers Withdrawal of Appeal Appeal Against Acquittal Judicial Review of Prosecutorial Discretion +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Public Prosecutor

Appellant

Mohamad Shafie bin Abdul Rani

Respondent

Procedural Posture

Criminal Appeal Against Acquittal / Pre Hearing; Notices of Withdrawal Filed; Court Exercised Revisionary Powers and Set Appeals for Hearing

Legal Issues

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

Ratio Decidendi

The High Court held that registration of appeals places the matters within the Court's jurisdiction and a notice of withdrawal lodged by the prosecution does not automatically end the appeal; the Court may exercise its revisionary powers under section 325 CPC even where an appeal is pending and may decide whether to allow withdrawal. Exercising that jurisdiction in the interests of justice, the Court struck out the notices of withdrawal and set the appeals down for hearing and revision (hearing deferred).

Court Disposition

Court allowed the prosecution's application to retract the notices of withdrawal by striking out the notices and proceeded to set the appeals 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 revision