18 Jan 2022
MUHAMAD ROSRI ZALMI BIN MUHAMMAD (NO. K/P: 891029-06-5839)
- Citation
- CB-44-6-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-44-6-11/2021 (Mahkamah Tinggi)
Application to amend the notice of appeal to include conviction and for extension of time was dismissed. The court held that although imprisonment and COVID-19 restrictions are relevant, they do not automatically permit amendment that changes the fundamental basis of an appeal originally limited to sentence; allowing such amendment would prejudice the prosecution and undermine procedural certainty. The court emphasized the need for appellants to decide and state whether appeal is against conviction or sentence and that amendment is discretionary and not warranted on the facts presented.