16 Apr 2024
SAMSUDIN BIN MD SUPPIAN
- Citation
- B-09-101-03/2022 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- B-09-101-03/2022 (Mahkamah Rayuan)
Application to admit the psychiatric report (Lampiran 34) was dismissed because the appellant failed to satisfy the cumulative requirements for additional evidence: the report, although dated after the trial, did not undermine the clear, voluntary and unconditional plea recorded in open court; it lacked the requisite probative effect to have had a determining influence on the trial or the High Court; and admission was not necessary to avoid a miscarriage of justice given the established facts and plea. The Court exercised its discretion to preserve finality and refused the application.