25 Aug 2023
SHEILA SHARON A/P STEVEN KUMAR
- Citation
- BA-43-32-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-43-32-08/2023 (Mahkamah Tinggi)
The High Court exercised its s323 KTJ revisionary jurisdiction to correct a glaring error where the Magistrate had ordered an acquittal notwithstanding the prosecution's position that the matter arose from duplicate filing and prosecution sought discharge without acquittal; the acquittal was legally inappropriate in those circumstances, so the Magistrate's order was set aside and replaced with a discharge without acquittal to preserve prosecutorial discretion and to avoid inconsistent outcomes while respecting double jeopardy principles.