Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Absence of accused
  • 28 Dec 2020

    MOHAMAD FAUZI BIN ARIFFIN

    Citation
    DA-44-37-11/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-44-37-11/2020 (Mahkamah Tinggi)

    The High Court held s 425A applied because the applicant, knowing dates for submission of written arguments and trial, failed to attend and was uncontactable; a warrant had been issued and the Sessions Court properly exercised its discretion to proceed, drew adverse inference and lawfully convicted and sentenced in absence; the conviction and 13-year 6‑stroke sentence were not excessive and the s 323 review could not impugn the manner of post-conviction arrest.