Yap Chin Hwa v Pendakwa Raya

wa-41ors-5-05-2025 High Court (Mahkamah Tinggi) 14 January 2026 • WA-41(Ors)-5-05/2025 • 33 min read

15 cases cited (0 SG, 15 foreign)

Catchwords

Criminal procedure - Arts. 5(1) and 8(1) of the Federal Constitution - SS.30 and 84 of the Courts of Judicature Act 1964 - S.45A(1) of the Road Transport Act 1987 -Appeal against decision of Magisrate in dismissing the application to refer constitutional questions to the High Court and Federal Court during the trial after defence was called - Whether the Magistrate had acted ultra vires when she refused to transmit the case to the High Court for the determination of the constitutional issues under s.30 of the CJA - Whether the practice of converting Breath Alcohol Level (BrAC) to Blood Alcohol Level (BAC) in prosecuting cases under s.45A of Road Transport Act 1987 (“RTA”) was unconstitutional - Whether there is a special circumstance that warrants a stay of the criminal proceedings - Appeal dismissed

Practice Areas

Criminal procedure

Judges (1)

Noor Ruwena binti Md. Nurdin Delivered

Counsel (4)

Bavanash Sharma Firm Bavanash Sharma Counsel Appellant Gheetal Kaur Counsel Appellant Mohd. Shahrizzat Bin Amadan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Yap Chin Hwa Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)

Federal Constitution

Penal Code (Cap 574)

Road Transport Act 1987 (Cap 333)

Subordinate Courts Act 1948 (Cap 92)

Cases Cited (15)

UK (2)

[2003] UKHL 6825 [2014] EWCA Crim 1028

MY (13)

[1966] 1 MLJ 86 [1984] 2 MLJ 52 [2008] 5 CLJ 201 [2016] 4 MLJ 265 [2018] 3 MLJ 417 [2018] 4 CLJ 1 [2019] 4 MLJ 421 [2020] 4 MLJ 133 [2021] MLJU 1054 [2022] 3 MLJ 952 [2024] 5 MLJ 56 [2024] MLJU 2849 [2026] 2 MLJ 397

Judgment

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Read on eJudgment

Source: eJudgment (wa-41ors-5-05-2025)