Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 311 cpc

Legal area

Court

11 Jul 2024

MOHD SHARWANDY BIN SOLLAHUDIN

Citation

KA-44(A)-2-06/2024 (Mahkamah Tinggi)
Court

A
Case number

KA-44(A)-2-06/2024 (Mahkamah Tinggi)

Section 311 CPC confers discretion to stay execution but applicant failed to establish 'special circumstances' sufficient to exercise that discretion; employment status as a public servant and unsubstantiated assertion that s114(g) was applied are insufficient and speculative; absence of supporting trial grounds/transcript and the seriousness and length of the sentences militated against granting suspension; therefore both the application to stay the conviction and to suspend execution of sentences were dismissed.
8 Dec 2022

NIK SYAZWAN BIN IBRAHIM

Citation

AB-44-50-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AB-44-50-10/2022 (Mahkamah Tinggi)

The application was dismissed because the applicant failed to discharge the burden of proof to establish 'special circumstances' under s.311 CPC and did not provide particulars or documentary evidence (including the petition of appeal and grounds) to demonstrate a real prospect of success on appeal; family hardship alone, without evidential support or exceptional factors, does not constitute special circumstances to justify a stay of execution.