Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sections 163 and 422 criminal procedure code

Legal area

Court

16 May 2023

SURESH A/L MUTHU

Citation

NG-83-15-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NG-83-15-03/2021 (Mahkamah Majistret)

The prosecution failed to prove a prima facie case because the charge was duplicitous (melulu/merbahaya) rendering it defective under s163 CPC and prejudicial to the accused, and because discrepancies in evidence (motorcycle identity and causation) meant essential elements of s41(1) were not established; accordingly the accused was discharged without being called to answer.
11 Apr 2023

Sam Ke Ting [ ]

Citation

J-09-187-05/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

J-09-187-05/2022 (Mahkamah Rayuan)

The Court of Appeal held the charge was duplicitous in contravening s163 CPC, that duplicity caused confusion and miscarriage of justice, and that such a substantive defect is not curable under s422 CPC; accordingly the High Court's substitution of findings and order to plead was wrong, there was no sustainable conviction, and the conviction and sentence were quashed with the appellant acquitted.