18 Aug 2023
1. ) GAN KOK SHANG 2. ) TAN YONG SEAN [TIMBALAN ]
- Citation
- B-05-79-03/2023 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- B-05-79-03/2023 (Mahkamah Rayuan)
Court held Marwan principle applies to s.177A CPC: transmission duty under s.177A(2) is mandatory 'as soon as may be practicable' and a delay pending production of PP consent can violate Article 5 right to speedy trial; where prosecution was initiated by Deputy Public Prosecutor implicit consent exists; High Court's revision setting aside Magistrate transmission without produced written consent was erroneous; appeal allowed and Magistrate order reinstated.