Malaysia Case Law: Decisions & Judgments

Topic

Discharge amounting to acquittal

Legal area

Court

12 Jul 2023

LAU KOK LOON@ LAU SAY SIOK

Citation

W-09-104-03/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-09-104-03/2022 (Mahkamah Rayuan)

Appeal dismissed. Section 302 CPC does not bar the ongoing CBT and AMLA prosecutions because those prosecutions were instituted before the SSM charges were terminated; the phrase 'tried again' requires that the subsequent prosecution be instituted after a prior conviction or acquittal such that the accused is being tried once more, therefore s.302 did not apply and the High Court's dismissal contained no appealable error.
20 Jun 2023

NAVINRAH A/L K.RAJAH

Citation

BA-45A-80-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-80-12/2020 (Mahkamah Tinggi)

Court exercised its discretion under s.254(3) CPC to direct that the discharge amount to an acquittal (DAA) because the prosecution repeatedly failed to produce a key witness despite ample time, the accused faced prolonged detention (since 29.10.2019), and continued uncertainty would be oppressive and unjust; therefore the accused was released and acquitted on all charges.
7 Oct 2021

05(L)-23-02/2020(B) (Mahkamah Persekutuan)

Citation

05(L)-23-02/2020(B) (Mahkamah Persekutuan)
Court

L
Case number

05(L)-23-02/2020(B) (Mahkamah Persekutuan)

The appeal was allowed and a discharge amounting to an acquittal was ordered because the facts warranted it; section 254(3) CPC confers a judicial discretion to direct that a discharge shall amount to an acquittal, and the court should apply the plain meaning of the statute while exercising that discretion judicially and balancing public interest and individual rights.
15 Dec 2020

PENDAKWARAYA Yogeswaran a/l Rajah

Citation

JG-83-50-02/2020 & JG-83-51-02/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JG-83-50-02/2020 & JG-83-51-02/2020 (Mahkamah Majistret)

Prosecution failed to demonstrate reasonable grounds or any timeframe to justify a DNAA; the complainant's withdrawal does not determine prosecution outcome; exercising the court's discretion under s.254(3) CPC, the proper order is discharge amounting to an acquittal (DAA) on all charges to avoid leaving the accused with an indefinite threat of prosecution.

Malaysia Case Law

LAU KOK LOON@ LAU SAY SIOK

NAVINRAH A/L K.RAJAH

05(L)-23-02/2020(B) (Mahkamah Persekutuan)

PENDAKWARAYA Yogeswaran a/l Rajah