3 May 2024
LIM GUAN ENG
- Citation
- PA-44(A)-2-06/2023 (Mahkamah Tinggi)
- Court
- A
- Case number
- PA-44(A)-2-06/2023 (Mahkamah Tinggi)
The court held the double jeopardy/autrefois acquit protection does not apply: the second charges are not the same offence in fact and law as the first charges, and the prior discharge and acquittal resulted from the prosecution withdrawing charges (DNAA) rather than a judicial determination on the merits; prosecutorial discretion to prefer, discontinue or bring further charges is supported by Article 145(3) and s376 CPC; therefore the applications to quash the second proceedings were dismissed and the criminal trials were ordered to proceed.