Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Procedural compliance s173
  • 16 Apr 2024

    SAMSUDIN BIN MD SUPPIAN

    Citation
    B-09-101-03/2022 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    B-09-101-03/2022 (Mahkamah Rayuan)

    Although s.305 CPC restricts appeals against convictions after an unequivocal guilty plea, appellate courts retain power to review and set aside convictions that are illegal or where there has been a miscarriage of justice. The Court found the trial court complied with s.173(b) CPC, the plea was voluntary and unqualified, documentary evidence was read and admitted, and there was no procedural irregularity. Consequently the conviction was safe and the sentence (including the High Court's increase on cross-appeal) was not manifestly excessive; the appeal is dismissed and conviction and sentence…