Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Offences under penal code s.326 and s.326a
  • 3 Sept 2020

    OOI HUN SENG

    Citation
    PA-44-32-06/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-44-32-06/2020 (Mahkamah Tinggi)

    The High Court held that a miscarriage of justice occurred because the Sessions Court accepted a guilty plea without facts or evidence proving grievous hurt or establishing applicability of s.326A (no medical report, no factual basis); revision is available notwithstanding a pending appeal when used bona fide to correct such miscarriage; therefore the conviction and sentence were set aside and the matter remitted for retrial.