12 May 2022
[ ] LAU KAR SHEN
- Citation
- CB-42H-4-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-42H-4-03/2021 (Mahkamah Tinggi)
The court held that although the prosecution had made reasonable attempts to serve the respondent and s.314(ii) KPJ permits proceeding in the respondent's absence, appellate powers are constrained by the requirement not to make orders adverse to an absent respondent and by the principle of audi alteram partem; accordingly the court could not interfere with or increase the sentence imposed by the Sessions Court in the respondent's absence and could not invoke inherent jurisdiction to override statutory and fundamental fair trial protections, therefore the sentence of the Sessions Court is affi…