Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Autrefois acquit
  • 12 Jul 2023

    LAU KOK LOON@ LAU SAY SIOK

    Citation
    W-09-104-03/2022 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-09-104-03/2022 (Mahkamah Rayuan)

    Appeal dismissed. Section 302 CPC does not bar the ongoing CBT and AMLA prosecutions because those prosecutions were instituted before the SSM charges were terminated; the phrase 'tried again' requires that the subsequent prosecution be instituted after a prior conviction or acquittal such that the accused is being tried once more, therefore s.302 did not apply and the High Court's dismissal contained no appealable error.