9 Oct 2024
[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI
- Citation
- B-05-558-11/2023 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- B-05-558-11/2023 (Mahkamah Rayuan)
The Court of Appeal allowed the prosecution's appeal, holding the High Court erred in concluding no prima facie case under s.302 KK; the evidence established a prima facie case on the original murder charge, the High Court's amendment to s.304(a) effectively disposed the original charge permitting prosecution appeal, and the proper order is to set aside the amendment and call the accused to answer the original s.302 KK charge. The accused's appeal against being called to answer the original charge is premature and not entertained at this stage.