Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Double jeopardy (autrefois acquit/convict)

Legal area

Court

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.
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.