Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sosma

  • 31 Jul 2023

    HO CHUNG MENG ASP CHE INTAN BINTI SUBRI

    Citation
    KA-44-15-07/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-44-15-07/2023 (Mahkamah Tinggi)

    Court found failures in compliance with SOSMA: next-of-kin notification was not properly effected and counsel access was unlawfully delayed beyond the single 48-hour authorization; arrest date ambiguity raised risk of excessive detention. However, because the applicant had been charged and remanded by a court before relief could be executed, the High Court concluded it could not grant an effective writ of habeas corpus to free a person detained under a judicial remand order; accordingly the habeas corpus application was dismissed.

  • 14 Dec 2020

    LIM KIAN AIK PENDAKWARAYA

    Citation
    45BA-44-387-12/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    45BA-44-387-12/2020 (Mahkamah Tinggi)

    The application for bail is dismissed: the court concluded the sabotage offence (s124K) can fall within SOSMA’s scope given the Act’s purpose and limb (f) of Article 149, and the applicant failed to prove the sickness exception or otherwise discharge the burden to justify bail under SOSMA or section 388 CPC.

  • 4 Feb 2020

    PENDAKWARAYA 1. CHIEN GUAN CHAI 2. MOHD FAIZAL TAN BIN ABDULLAH

    Citation
    PA-44-2-01/2020 & PA-44-3-01/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-44-2-01/2020 & PA-44-3-01/2020 (Mahkamah Tinggi)

    Section 26E ATIPSOM is a non-bailable offence in that the court retains discretion under s13(2) SOSMA to grant bail in specified circumstances; s388A CPC gives the court discretion to order EMDs and does not make attachment mandatory even if the Public Prosecutor applies; because the prosecution failed to provide sufficient reasons to vary earlier bail conditions (RM20,000 with one surety and surrender of travel documents) and respondents attended all hearings, the court dismissed the applications for EMDs and maintained the prior bail conditions.