24 Apr 2024
NICHOLAS A/L MAZIVANAN
- Citation
- AA-41(Ors)(A)-1-11/2022 (Mahkamah Tinggi)
- Court
- Ors
- Case number
- AA-41(Ors)(A)-1-11/2022 (Mahkamah Tinggi)
The High Court allowed the appeal and substituted the Magistrate's Discharge Not Amounting to Acquittal with a Discharge Amounting to an Acquittal because Section 254 grants the court discretion to order acquittal when the prosecution declines or is repeatedly unready to proceed, prosecutorial discretion under Article 145 is not absolute and does not preclude judicial determination, and the repeated delays and lack of preparedness by the prosecution caused injustice and undue hardship warranting DAA.