YUSSOF DANIEL BIN KHAIRUL HISHAM
Catchwords
"Section 323 CPC - Revision - Applicant was initially DNAA under first case for an offence under section 12(2) Dangerous Drugs Act 1952 after Prosecution failed to secure attendance of raiding officer - he was subsequently charged again for the same offence and he was DNAA also for the same reason - he was then charged again for the third time for the same offence and again the Prosecution's witness was absent - Defence Counsel sought for a discharge for acquittal but was refused - Prosecution insisted that it intended to continue with prosecution of the offence and did not state that it did not intend to prosecute further and request for a stay - Magistrate granted DNAA Whether the Magistrate was correct in making the order to DNAA - application of section 254 CPC - whether re-charging the Applicant twice later on the same offence justified a DNAA - whether the Prosecution needed to state that it did not intend to prosecute further - discretion of the Court - whether accused prejudiced Held: Prosecution's conduct showed unpreparedness and failure to conduct prosecution as required under section 376 CPC - allowing the Prosecution to charge the Applicant again without certainty if they can locate witness would be an abuse of process of Court - Applicant discharged and acquitted."
Judges (1)
Parties (1)
Case Significance
YUSSOF DANIEL BIN KHAIRUL HISHAM is a High Court (Mahkamah Tinggi) decision dated January 12, 2025 (citation: ma-43a-3-09-2024). The case was decided by Mohd Radzi bin Abdul Hamid.
What was the outcome of YUSSOF DANIEL BIN KHAIRUL HISHAM?
YUSSOF DANIEL BIN KHAIRUL HISHAM is a High Court decision dated January 12, 2025. The case was heard by Mohd Radzi bin Abdul Hamid. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-43a-3-09-2024)