29 Sept 2020
ABUL HASAN BIN MOHAMED RASHID PUBLIC PROSECUTOR
- Citation
- 42-143-09/2011 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 42-143-09/2011 (Mahkamah Tinggi)
The Kuala Lumpur Sessions Court lacked territorial jurisdiction to try offences committed in Johor Bahru because the local limits for Sessions Courts remain as set by L.N.421/1955 and section 121 CPC establishes locality of crime; the venue error was a substantive jurisdictional defect (not a mere irregularity) and rendered the Sessions Court proceedings a nullity; accordingly the conviction and sentence were quashed and any decision on retrial is for the Public Prosecutor under constitutional and statutory remit.