Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Article 7(2) federal constitution

Legal area

Court

3 May 2024

LIM GUAN ENG

Citation

PA-44(A)-2-06/2023 (Mahkamah Tinggi)
Court

A
Case number

PA-44(A)-2-06/2023 (Mahkamah Tinggi)

The court held the double jeopardy/autrefois acquit protection does not apply: the second charges are not the same offence in fact and law as the first charges, and the prior discharge and acquittal resulted from the prosecution withdrawing charges (DNAA) rather than a judicial determination on the merits; prosecutorial discretion to prefer, discontinue or bring further charges is supported by Article 145(3) and s376 CPC; therefore the applications to quash the second proceedings were dismissed and the criminal trials were ordered to proceed.
3 May 2024

Phang Li Koon

Citation

PA-44-5-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-44-5-03/2023 (Mahkamah Tinggi)

Application dismissed because prerequisites for double jeopardy were not met: the charges in the second proceedings differ in fact and law from those in the first proceedings, and the prior release/acquittal in the first proceedings was not a judicial determination on the merits (it followed prosecution withdrawal), therefore Article 7(2) and autrefois principles do not bar the second prosecutions; prosecutorial discretion permits the course taken.