Malaysia Case Law: Decisions & Judgments

Topic

Withdrawal of charges

Legal area

Court

14 Jan 2025

MUHAMMAD AISMAT AMIR BIN ZAINAL

Citation

B-05(SH)-396-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-396-09/2023 (Mahkamah Rayuan)

The Court accepted the prosecution's amended charge under section 6 ADA 1952 (to be punished under s39A(2)), allowed the appeals in part by setting aside the prior conviction under s39B(1)(a) and life sentence, convicted appellants on the amended charge and imposed nine years' imprisonment from date of arrest (7 October 2020) and ten strokes, and permitted withdrawal of the appeals against charges two and three, the sentence being fixed after regard to mitigation, public interest and sentencing precedents.
20 Jun 2023

NAVINRAH A/L K.RAJAH

Citation

BA-45A-79-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-79-12/2020 (Mahkamah Tinggi)

Given prosecution's inability to produce the key raids officer despite ample time and repeated delays, the prolonged detention and uncertainty (accused detained nearly four years) amounted to unfair prejudice; the court therefore exercised its discretionary power under s.254(3) CPC to discharge and acquit the accused (DAA) rather than leave a DNAA that would permit uncertain future prosecution.
20 Jun 2023

NAVINRAH A/L K.RAJAH

Citation

BA-45A-80-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-80-12/2020 (Mahkamah Tinggi)

Court exercised its discretion under s.254(3) CPC to direct that the discharge amount to an acquittal (DAA) because the prosecution repeatedly failed to produce a key witness despite ample time, the accused faced prolonged detention (since 29.10.2019), and continued uncertainty would be oppressive and unjust; therefore the accused was released and acquitted on all charges.
20 Jun 2023

NAVINRAH A/L K.RAJAH

Citation

BA-45A-77-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-77-12/2020 (Mahkamah Tinggi)

Given the prosecution's repeated failure to produce a crucial arresting officer despite ample time, the prolonged detention of the accused (approximately four years), and the absence of assurance when the witness can be produced, the court exercised its discretion under s.254(3) KTJ to order that the discharge amount to an acquittal and accordingly released and acquitted the accused of all charges to avoid continuing unfair uncertainty and prejudice.

Malaysia Case Law

MUHAMMAD AISMAT AMIR BIN ZAINAL

NAVINRAH A/L K.RAJAH

NAVINRAH A/L K.RAJAH

NAVINRAH A/L K.RAJAH