Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Deemed withdrawal of appeal

Legal area

Court

26 Jul 2021

MUAMAR BIN MOHD SHAM (NO K/P: 900508-05-5189)

Citation

CB-42S-9-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

CB-42S-9-08/2019 (Mahkamah Tinggi)

The High Court allowed the appeal because the identity of Muamar was not satisfactorily established by the prosecution witnesses or CCTV, the prosecution unjustifiably failed to call the important eyewitness Nur Syafiqah thereby attracting adverse inference under s114(g) Evidence Act 1950, and Mohamad Muzamir's appeal was treated as withdrawn under s307(9) so only Muamar's conviction remained challenged; consequently the convictions and sentences were unsafe and were set aside.
24 Jul 2019

Lee Boon Keat

Citation

PA-41S-7-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-41S-7-05/2019 (Mahkamah Tinggi)

The appeal was struck off because the appellant failed to lodge a petition of appeal within the statutory 14 days as required by s.307 CPC, thereby causing the appeal to be deemed withdrawn under s.307(9) CPC, and the appellant did not seek relief under s.310 CPC to regularise the late filing; accordingly the High Court struck off the appeal.