SAMSUDIN BIN MD SUPPIAN

SAMSUDIN BIN MD SUPPIAN

Application to admit the psychiatric report (Lampiran 34) was dismissed because the appellant failed to satisfy the cumulative requirements for additional evidence: the report, although dated after the trial, did not undermine the clear, voluntary and unconditional plea recorded in open court; it lacked the...

Source-derived case information.

Citation
B-09-101-03/2022 (Mahkamah Rayuan)
Parties
Appellant: Samsudin bin Md Suppian; Respondent: Pendakwa Raya
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
16 April 2024
Case Number
B-09-101-03/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (court of Appeal) / Hearing of Motion for Admission of Additional Evidence Under Section 61 CJA and Rules of the Court of Appeal; Interlocutory Judgment
Outcome
Application dismissed (Lampiran 34 ditolak)
Legal Topics
Admissibility of Additional Evidence on Appeal, Section 61 Courts of Judicature Act 1964, Rule 7(3 A) Court of Appeal Rules 1994, Finality of Litigation, Mental State at Time of Plea
Criminal Law Evidence Appellate Procedure Mental Health Law Sexual Offences Admissibility of Additional Evidence on Appeal Section 61 Courts of Judicature Act 1964 Rule 7(3 A) Court of Appeal Rules 1994 +2 more

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Parties

Samsudin bin Md Suppian

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (court of Appeal) / Hearing of Motion for Admission of Additional Evidence Under Section 61 CJA and Rules of the Court of Appeal; Interlocutory Judgment

  1. 1 Whether the psychiatric report dated 9 November 2023 is admissible as additional evidence on appeal under s.61 CJA and Rule 7(3A)
  2. 2 Whether the report was unavailable at trial despite reasonable diligence
  3. 3 Whether the report is relevant and credible and would likely have had a determining influence on the High Court or trial court's decision

Ratio Decidendi

Application to admit the psychiatric report (Lampiran 34) was dismissed because the appellant failed to satisfy the cumulative requirements for additional evidence: the report, although dated after the trial, did not undermine the clear, voluntary and unconditional plea recorded in open court; it lacked the requisite probative effect to have had a determining influence on the trial or the High Court; and admission was not necessary to avoid a miscarriage of justice given the established facts and plea. The Court exercised its discretion to preserve finality and refused the application.

Court Disposition

Application dismissed (Lampiran 34 ditolak)

Orders

  • Lampiran 34 ditolak.