7 Oct 2021
05(L)-23-02/2020(B) (Mahkamah Persekutuan)
- Citation
- 05(L)-23-02/2020(B) (Mahkamah Persekutuan)
- Court
- L
- Case number
- 05(L)-23-02/2020(B) (Mahkamah Persekutuan)
The Federal Court allowed the appeal and ordered a discharge amounting to an acquittal. The court held that section 254(3) CPC must be given its plain meaning such that a discharge does not amount to an acquittal unless the court specifically so directs, but that the court retains a judicial discretion to direct a DAA where circumstances warrant it; that discretion must be exercised having regard to the public interest and the prosecution's rights.