Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 402a cpc

  • 11 Mar 2024

    MOHD SALWAN BIN AB AZIZ

    Citation
    AB-42JSKS(A)-1-03/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    AB-42JSKS(A)-1-03/2023 (Mahkamah Tinggi)

    Convictions were unsafe due to material procedural errors: trial judge failed to comply with s.402A CPC and ss.159/162 CPC when charges were amended (failing to inform accused of alibi rights and to allow recall/re-examination of witnesses), impeached a defence witness without affording opportunity to explain contradictions, and did not properly evaluate defence evidence (including alibi roster); these errors required setting aside convictions and ordering retrial before a different judge.

  • 11 Mar 2024

    MOHD SALWAN BIN AB AZIZ

    Citation
    AB-42JSKS(A)-2-03/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    AB-42JSKS(A)-2-03/2023 (Mahkamah Tinggi)

    Non-compliance with s.402A CPC and failure to observe ss.159/162 CPC when charges were amended, together with improper impeachment procedure and inadequate appraisal of defence evidence, rendered the Sessions Court convictions unsafe; appellate interference warranted and retrial ordered before a different judge.