EMRAN BIN ABD SANI v Pendakwa Raya

wa-42h-14-11-2021 High Court (Mahkamah Tinggi) 4 October 2023 • WA-42H-14-11/2021 • 5 min read

Catchwords

As an Appellate Court hearing appeals from the subordinate Courts, my powers are confined with the ambit of section 316 of the Criminal Procedure Code (CPC) wherein I can affirm or alter or reverse any decision made by the subordinate Court on error committed both of fact and law that warrants my curial intervention. In this matter, I have read through the records carefully by combing through the evidence adduced at the Sessions Court through a critical judicial lens and heard the arguments of the parties before me. For the reasons stated in my judgment, I hereby set aside the conviction and sentence passed by the Sessions Court as it is unsafe and warrants my appellate intervention to restore justice to the accused person. So ordered.

Judges (1)

Azhar bin Abdul Hamid Delivered

Counsel (3)

Izleen Firm Izleen binti Ismail Counsel Accused Syajaratudur binti Abd Rahman Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Emran bin Abd Sani Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)
s 316
Dangerous Drugs Act 1952 (Cap 234)

Judgment

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Read on eJudgment

Source: eJudgment (wa-42h-14-11-2021)