Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of prosecution

Legal area

Court

4 Aug 2023

[ ] MOHD SHAFIQ BIN MOKHTAR

Citation

WA-85-623-10/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-85-623-10/2022 (Mahkamah Majistret)

Prosecution withdrew the charge because the complainant would not proceed and provided no strong or satisfactory reasons to justify leaving the charge pending; under s254 and binding authority (Vigny Alfred Raj) the court must, absent exceptional justification, order the discharge to amount to an acquittal and refuse a DNAA when the prosecution cannot demonstrate necessity in the public interest.
7 Oct 2021

05(L)-23-02/2020(B) (Mahkamah Persekutuan)

Citation

05(L)-23-02/2020(B) (Mahkamah Persekutuan)
Court

L
Case number

05(L)-23-02/2020(B) (Mahkamah Persekutuan)

The Federal Court allowed the appeal and ordered a discharge amounting to an acquittal. The court held that section 254(3) CPC must be given its plain meaning such that a discharge does not amount to an acquittal unless the court specifically so directs, but that the court retains a judicial discretion to direct a DAA where circumstances warrant it; that discretion must be exercised having regard to the public interest and the prosecution's rights.