Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Questions of law vs fact

Legal area

Court

30 Sept 2020

PENDAKWARAYA 1. RAHMAT BIN GHAZALI 2. MOHD POGI BIN ABD LATEB

Citation

B-09-147-04/2019 & A-09-108-03/2019 (CONCURRING JUDGMENT) (Mahkamah Rayuan)
Court

CONCURRING JUDGMENT
Case number

B-09-147-04/2019 & A-09-108-03/2019 (CONCURRING JUDGMENT) (Mahkamah Rayuan)

Section 50(3) read with 50(2) and construed purposively means the Public Prosecutor is exempt from the leave requirement and, consequently, an appeal by the Public Prosecutor against a High Court decision on a Magistrate's criminal matter need not be confined to questions of law nor must the Public Prosecutor state questions of law in the notice of appeal; appeals by the accused that require leave remain confined to questions of law.
30 Sept 2020

1. RAHMAT BIN GHAZALI 2. MOHAMAD POGI BIN ABD LATEB

Citation

B-09-147-04/2019 & A-09-108-03/2019 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-09-147-04/2019 & A-09-108-03/2019 (Mahkamah Rayuan)

Majority holding: Appeals by the Public Prosecutor originating from the Magistrates Court are confined to questions of law only (section 50(2) applies); however, there is no statutory requirement to state questions of law in the Notice of Appeal (section 51 does not mandate this), and questions of law may be disclosed later in the Petition of Appeal or leave application where required; preliminary objections on these points were dismissed and appeals ordered to proceed on merits.