16 Jan 2023
[Pegawai Pendakwa] Fadziman Bin Fauzi
- Citation
- AA-41LB(A)-1-07/2022 (Mahkamah Tinggi)
- Court
- A
- Case number
- AA-41LB(A)-1-07/2022 (Mahkamah Tinggi)
The appeal was struck out because the Notice of Appeal was directed against a non-existent order (wrong date) and, despite written notice of that fundamental defect, the prosecution failed to promptly regularise the appeal or make a formal application under section 310 CPC with supporting affidavit; this failure warranted refusal to exercise the court's discretion and justified striking out the appeal.