SHEILA SHARON A/P STEVEN KUMAR

SHEILA SHARON A/P STEVEN KUMAR

The High Court found from the Mahkamah Rayuan judgment and RVT that only duplicate charges were cancelled and there was no order dismissing the original charges; the reference error in the MR order was clerical and did not justify judicial review, therefore the application is dismissed and magistrate proceedings continue.

Citation
BA-43(A)-1-10/2024 (Mahkamah Tinggi)
Parties
Applicant: Sheila Sharon A/P Steven Kumar; Respondent: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
8 November 2024
Case Number
BA-43(A)-1-10/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Judicial Review Application / Decision on Application (high Court Hearing)
Outcome
Application dismissed
Legal Topics
Duplicate Charges, Cancellation of Charges, Interpretation of Appellate Order, Clerical Error in Orders
Source Language
Malay/English
Criminal Procedure Judicial Review Appeal Magistrates' Court Practice Duplicate Charges Cancellation of Charges Interpretation of Appellate Order Clerical Error in Orders

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Parties

Sheila Sharon A/P Steven Kumar

Applicant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Judicial Review Application / Decision on Application (high Court Hearing)

Legal Issues

  1. 1 Whether the Court of Appeal/Mahkamah Rayuan order cancelled the original substantive charges or only the duplicate charges
  2. 2 Whether the Magistrate erred such that judicial review is justified
  3. 3 Whether a clerical/reference error in the MR order altered the substantive relief granted

Ratio Decidendi

The High Court found from the Mahkamah Rayuan judgment and RVT that only duplicate charges were cancelled and there was no order dismissing the original charges; the reference error in the MR order was clerical and did not justify judicial review, therefore the application is dismissed and magistrate proceedings continue.

Court Disposition

Application dismissed

Orders

  • Judicial review application dismissed
  • Proceedings in the Magistrates' Court to continue as scheduled