Malaysia Case Law: Decisions & Judgments

Topic

Right to speedy trial

Legal area

Court

10 Oct 2025

1. ) QUEK SUAN SAY 2. ) CHENG RUEY HOE

Citation

WA-44-143-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-143-08/2025 (Mahkamah Tinggi)

The court found that prolonged inaction by the prosecution, absence of rebuttal evidence, and the tactic of retaining withdrawn trafficking charges as a backup while prosecuting a lesser offence constituted abuse of process and a disproportionate interference with personal liberty; section 254(3) CPC empowers the court to convert a DNAA to a DAA to prevent chain prosecution and protect constitutional rights, therefore the DNAA was substituted with a DAA for the second applicant.
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.
18 Aug 2023

1. ) GAN KOK SHANG 2. ) TAN YONG SEAN [TIMBALAN ]

Citation

B-05-79-03/2023 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-05-79-03/2023 (Mahkamah Rayuan)

Court held Marwan principle applies to s.177A CPC: transmission duty under s.177A(2) is mandatory 'as soon as may be practicable' and a delay pending production of PP consent can violate Article 5 right to speedy trial; where prosecution was initiated by Deputy Public Prosecutor implicit consent exists; High Court's revision setting aside Magistrate transmission without produced written consent was erroneous; appeal allowed and Magistrate order reinstated.

Malaysia Case Law

1. ) QUEK SUAN SAY 2. ) CHENG RUEY HOE

NICHOLAS A/L MAZIVANAN

1. ) GAN KOK SHANG 2. ) TAN YONG SEAN [TIMBALAN ]