This wide discretionary has been challenged in court but to no avail.

This can be seen in cases like

long b samat
Johnson tan han seng
Jamali b adnan
Sukma darmawan
Tiong king guan

Llong b samat
Johnson tan han seng
Jamali b adnan
Sukma darmawan
Tiong king guan
Tiong king guan jamali b adnan sukma darmawan johnson tan han seng long b samat

Pp has discretion to chare a under s 324 instead of s 326

Pp has discretion to charge a under isa instead of arms act or fipa
After a ws convicted for reobeery he was later charged for possession of firearms
Charge against a was amended from s 302 to s 304 pp has discretion to revert back to the origiinla
charge under s 302

Long b samat
Pp has discretion to charge a under s 324 instead of s 326
Johnson tan han seng
Pp has discretion to charge a under isa instead of aa or fipa
Jamali b adnan
After a was charged w robbery he was later charged with possession of firearms
Tiong king guan
Charge against a wa amended from s 302 to s 304

Decision to prosecute
On completion of investigation, the police will sumit the investigation paper to the pp who will
instrut the a be charged if theres sufficient evidence
However despite sufficient evidence, pp may decline to prosecute where the law is obsolete or of
trivial contraventions

Decisions to prosecute on completion of investigation, the police will subit investation paper to
the pp who will then instruct for a to be charged if there is sufficient evidence
However despite sufficient evidence the pp may decline to prosecture where the law is obsolete or
of trivial contraventions

Requirement of consent and saction of PP

For certain offense, the consent of pp is required to commence proceedings whilst for other
offences, written sanction of the pp is required

Ppv manager, mbf finance services the court made it clear that in theabsence of any provision in a
law to state that the pp may institute proceedings, and his action neverther and his actions to
institute proceedgs may be manifested by a consen sanction or other form of aauthorisation

Pp v manager, mbf finance services

In the absence of any provision in the law tostate that pp may institute proceedings, pp ma
nevertheless institute proeedisng his action may be manifested by consent, sanction or other form
of authorisation

In addition the case suggested that if hter eis no edence of some form of authorisation uner art 145
s to institute criminal proceeding thw our has no bassi to hold the criminal proceeding is properly
instituted
Other than in a case where the ag personally appears

In the absence of the law to state that the pp may institute proceedings, the pp may nevertheless
institute, his actions may be manifested either by consent, sanction or other form of authorisation
In addition, if there is no evidence of some form of authorisation under art 145(3) FC to institute
criminal proceeding, the court (other than AG personally appears) has no basis to hold the
proceeding is properly instituted.

Consent v sanction
Abdul hamid v pp
Smith j judgment:
Consent is more serious than sanction as the former requires deeper consideration
There is an essential difference to my mind between a sanction and consent,
A prosecution can be sanctioned without any deep consideration of the particular case
Full consideration is required for consdent since consent is an act or reason accompanied with
deliberation of the mind weighing, as in a balance, the good and evil on each side

Consent is more serious than sanction as the former requires deeper consideration
There is essential difference to my mind between a sanction and consent
A prosecution can be sanction without any deep consideration of the particular case
Full consideration is required for consent since consent is an act or reason accompanied with
deliberation of the mind weigh as in a balance the good and evil on each side

Full consideration is required for consent as consent is an act or reason accompanied with
deliveration of the mind weighing, as in a balance, the good and evil on each side

Abdul hamid v pp
Consent is more serious than sanction as the former requires deeper consideration
A prosecution can be sanctioned without any deeper consideration of the particular case
Whereas a full consideration is required for consent as consent is an act or reason accompanied
with the deliberation of the mind weighing, as in a balance, the good and evil on each side

Requirement of consent
The provision for the requirement of consent of the pp in order to commen proceedings are
S58 macca corrption
S177A cpc offences to be tried in HC
S 39B DDA drug trafficking
S 126 child act
s 31 wgpa

s 58 macca corruption
s 177A offence to be tried in hc
s 39 b trafficking
s 126 child act child proceeding
s 126 security offence to be tried in hc

although there is no consent of the pp, the presence of dpp implies consent as he is the alter ego of
pp as held in the folowin
oie hee koi
johnson tan hanss eng
Mohamed halipah
If a statute does not state that the consent must be inwiring then the consept of pp may be oral
where the dpp conducts the prceeding jamali b adnan however if a statute specifically states that
the consent of pp must be inwriting, then it must be inwriting and the doctrine of alter ego has no
application goh keat peng

Although there is no consent of the pp, the presence of dpp implies concernt as he is the alter ego
of pp ashedk din oie hee kooi johnsan tan m halipah
If the sattute does not state consent required to be inwring then consent of pp may be oral where
the dpp conducts the proceeding jamali b adnnan
However if the statute speicifally states that consent needs to be in writing then it must be in that
fromand the docrine of alter ego does not applt
Goh keat peng

Effect where no consent of pp is obtained

If no consent is obtaine then the charge is illegal and the trial will be a nullity not curable under s
422 chua chor kian bong kim son

Provision requiring conent of pp in order to be commenced

S 58 macca
S 177A
S 39B
S 126 CA
S 12 Sosma

Oie hee koi

Johnson tan
M halipah

Jamali b adnan goh keat peng

Trial will be nullity charge illegal not curable under s 422

Chua chor kian bong kim son

Requirement of sanction
S 129
Public servant
Forging documents
Givng false evidence and to public justice

S 130
S 127 abetment
S 108A causing religious disharmony
S 298A spreading rumours
S 505

Effect of lack of sanction

Hassan b ishak
Datuk mahinder singh
Nullity
Joginer singh
Irregularity can be cured under s 422

Datuk jaji harun b haji idris

To conduct means to lead guide manage
Jaya prakass karuppan
Conduct of criminal prosecution should include the right and power to institute carry out and
discontinue criminal proceeding

Who can appear and conduct prosectuions in court?

S 380A
Repco holding whether any authority aprt from the pp may be lawfully empowered to conduct a
prosecution are public officers which do not fallw within the scope of s 380
S
S 377 every criminal rposection shall be conducted by
Pp sdpp dpp app
By the following person with the written authority of the pp for seixble offence advocate po not
below the rank of inspector an office of any government department
An office of any statutory authoriry or body or perso re

Rajendran al gurusamy mag allowed police officer to conducy prosecution without consent
It wasl held that authorisation must be tendered when trial commenced
Rajendran al gurusamy
Subramaniam al gopah
Mpt prosecuted mini market without licence without authority
Prosecution contravened s 377

Raft of provisions giving powers to conduct prosecution to directors or offies requires review
Casesinstituted without authorisation would be invalid
Ag has to deal w all application for sanction consent authorisation for which he is ill equipped

This case interpreated art 145 3 as conferring the ag sole and exclsive authority to instate conduct
and discontinue any criminal proeedign

Ponniah lim
The court held in private summons only those mentioned in s 378 may appear on appeals at the
high court and not private persons
Haowveer in hardial singh v faridah bt haron
Since the private complainant has a right to appeal to the high court under s 307 again the deicison
of mag he also had right to appear on appeal
Pp or those mentioned under s 378 may step into the shoes of the private person who then no
longer has the right of audience
Ponniah v lim
Hardial singh v faridah
Dsai s pp has discretion to decide whether to introduce the accused’s cautioned statement to call a
particular witness and to produce a particular docment or thing as evidence
Use of mutual assistance crimical matters to record evidence of foregn witness

Who can apper and conduct appeals?

S 378
SDPP
DPP
APP
PO > INSPECTOR
ADVOCATE WITH WRITTEN AUTHORITY

Whether private persons can appear at appeal?

Ponniah v Lim
in private summons, onlu those mentioned in s 378 may appear on appeals at the high vourt and not
a private person

in private summon, only those mentioned in s 378 may appear on appeals at the high court and not a
private persons

hardial singh v faridah

since the private complainant has a right to appeal to the high court under s 307 against the decision
of the magistrate court, he also has the right to appeal on appeal
however, the pp or those mentioned under s 378 may step into the shoes of the private person who
then no longer has the right of audience

powers on how to conduct criminal proceedings

art 145(3) & s 376 provide wide discretionary powers to conduct criminal proceedings

discretion to deicde
whether to introduce a’scautioned atatement
to call a particular witness
to produce a particular document or thing as evidence

whether to introduce the a’s cautioned statement

to call a particular witness
to produce a particular document or thing as evidence
use if mutual assistance criminal matters 2002
to record evidence of foreign witness
tan sri eric chia
in a criminal breach of trus case, the a objected to the prosecution requetion to use s8 MACM to
record evidence of foreign witness fro hong Switzerland and japan. The HC and CA allowed the
prosecution’s request however the fc allowed the appeal of accused

limits of pp power
does not include
regulation of criminal procedure
jurisdiction of the court and
discretionary powers of the court
limits of pp does not include regulation of criminal procedure, jurisdiction of the court and
discretionary power of the court
regulation or criminal procedure, jurisidictionn of the court, and discretionary power of the court

Jayaraman dpp contended that the propsetion and not the court had the power to deicde whether o to
proceed with 3 or 4 charges, harun j held that under s170 the court has the power and not thepp to
rder sperate or joint trial

Jayaraman

Discontinuance of proceedings
Art 145(3)
S 254(1) & (2) pp may if he thnks fit, discontinue the proceedings at any stage of the trial before
judgment

Poh cho ching

The prosecution withdrew the charge against the giver in the corruption case
Karpal singh counsel for the defence argued that as there was no giver, there was no receiver
Wan yahya j said that under s 254 the pp has discretion to discontinue any proceeding at any stage of
and it is not for the court to decide this is similar to nolle prosequi In common law
Poh cho ching the prosecution withdrewthe chagre against the giver in the corruption case, karpal
signh defence councel argued tht there was nogiver since there was no receiver wan yahya said that
under s 254 pp has the discretion to discontinue any proceeding at any stage and it is not for the court
to decide.

Effect of discontinuance
When pp discontinue the proceeding, the court may order that the accused be discharged amount to
acquittal in this case accused cannot be charge for the same offence following theprinciple of artefois
acquit

Discharge not amounting to acquittal koh teck chai pp v hls Pereira zainuddin

Withdrawl of remining charged on coniction on one of several charges and outstanding charges
S 171 (1)
(2)
S 171A

Transfer of cases
The trabsfer ofcase may be lateral transfer to a court of similar poer but of different local jurisdiction
Form one mc to another mc
Vertical tranger to a court of differe powers but similar local jurisidcition rom oe. Mc to a sc or hc
Downwr tranger to a lower court

Lateral transfer transfer to a court of similar power but different local jurisdiction from on mc to
another mc
Vertical transfer transfer toa. Court of different power but same local jurisidcition from mc to sc or hc
Downward transfer to lower courts hc to sc or mc

Transfer of case by mc or scj

S 177 mc may transfer the case to a higher court if he opines that at any stage of the proceedings, that
the case ought to be tried by another court og higher jurisdiction or before or during such trial,
application is made by the prosecution

Mc may transfer the case to a high court if he opines that at any stage of the proceedings, that the case
ought to be tried by another court of higher jurisdiction or before or during such trial application is
made by the prosectuon
Magistrate in s 177 include sessions court judge as held in teng abdul aziz
Manshor omar v pp the prosecution applied and obtained 2 order of transfer from sc at kl to sc at
ampang for 2 corruption cases. The transger were objected bythe 2 accused in an application for
revision on the ground of territorial jurisdiction and they contended that the prosecution should have
applied to hc under s 417

The prosecution applied and obtained 2 orders of transfers from sc at kl to sc at ampang for 2
corruption case. The 2 accused objected the transfer on the ground of territorial jutisdicion and said
that the prosecution should have applied to the hc under s 417

The hc held dismissing the applications fro revision

S 592 sva provides that the jurisicition of a sc covers the whole of the federation

S 177A

An kee cheng for a charger under s 39B where the case must be tried in the hc
Oladotun umaru pp must consent before the magistrate can transfer the case to hc
Pp need not act personally his deputies may consent his his behdl
Onw hether the accused chare for drug rafficjg der s may be berought before he sc for the charge to be
read darkasyi
S 41A procides that where an accused person is charged under s 39B which is triable only by the HC,
he shall be produced before the appropriate sub court i.e. botht he mag and sc and the charge read
and explained to him

Sub court has the power to postpone th case and remand the accused pending the production of the
consent and requisition of the pp

An kee cheng for an accused charged under s 39b where the case mus be tried in the hc, consdent of
the pp is required under s 41A before the case is transmitted to the hc
Oladotun umaru
Pp must consent before magistrate can transfer the case to hc
Pp need not personally consent his deputies may consent on his behalf
Onw hre

Punareswaran v kesaran
Pp was unable to give consent to institute prosecution in the hc as the chemist report was not ready
the charge under s 39b should not have been framed until the report is ready
Marwan b ismail
For a charge under s 39 after the charge is read and no plea taken, the mag must transmit the case to
the hc asap
Tiong king guan
Since the charge under s 302 read with s 109 must be tried in the hc, the mc or sc must transtmit the
case under s 177A
Percy wong kiat v pp
The applicant was charged at the mag for muder and the charge was read and no plea taken. The dpp
applied for a few mention dats of the case pending the chemist and medical reports and the
pplicatant request of the case to be remitted to the hc without further delay. The mag refused the
applicant request and fuxed a firther mention date on the grounf tha consent had not been given by
the pp as the chemist report was not ready since s 177a required for consent to be submitted before
transmitting to the hc the hc refused to revie the order of the mag and order the said mention date to
be final dae and held the follow sine the case was prosecuted by the dpp there was implied consent
and there was no need to get consent of the dpp
The mag should ensure that there is sufficient evidence before the case is tried in the hc and hence
could remand applicant until the chemist and medical report were ready
S 117(2)(a) procides that the total mac period is 14 days for murder, in this case the application would
e reamnded for 3 montsh which is reasonable to ensure that all evidence such as the chemistr pot
weas f

Transfer by the high court

S 417 power

When to transfer?
S 417 (2)

Grounds to transfer
S 417 (1)
(a) Fair and impartial cannot be held in the sub court
(b) Question of law of unusual difficulty
(c) Near the scene of crime
(d) Convenient for the parties or witnesses
(e) Expedient for the end of justice

2nd limb
(bb) vertical transfer
(cc) lateral transfer

Procedure after the order is made s 417(3)

(a) When the order is made to transfer the case from sub court to hight court, the sub court
before which the trial of the offence is oending shall cause the accused person to appear or be
brought before the high court on the date specified or as soon as may be
(b) When the accused person appears o is brought before the high court, hc shall fix a date for
trial

Who apply?
S 418
By the PP by motion
By the A by motion supported by affidavit

Power s 417
When transfer?
S 417(2)
On the report
On application of pp
On application of a
On its own motion
Grounds to transfer
S 417 (1) 1st limb
(a) – (e)

Orders by the high court

S 417 (1) 2nd limb

By prosecution before trial

2 ways
S 177
S 418A and B

S 177 apply in the sub court

Consent of PP is required
Sub court will then transmit the case to high court
Sub court must cause the A to be brought before the hc
Hc will then set a date for trial

S 418A
Pp must personally issue the certificate to transfer the case to a specified hc subject to s 418B
S 418B proes that prosecution can only transger the cases if the A has not pleaded guilty and no
evidence has begun to be adduced
The certificate is tendered to the sub court
The sub court then transfers the case to HC

During the trial

S 177
S 417
Once evidence has begun to be adduced the prosection cannot transger under s 418A and B howver
the prosecutin can transger the case in any of the following 2 ways
S 177 and s 417

S 417
Apply to the hc
Hc will determine the grounds for transfer from s 417 1 st limb
Hc will then make an order for transfer
The sub court must cause the A to be brought before the HC
Application is by motion only no affidavit required

Transfer to hc by A
By motion with affidavit s 417
Apply to the hc
The hc will dtetermine whether the grounds are sufficient to transfer the case
The h will then make an order to transfer
The sub court must cause the A to be brought before the hc
When the a appears or is brought before the hc the hc must then fix a date for the trial

Accuse cannot apply under s 177 which can only be invoked by pp however the accused may indicate
to the sub curt that a hiher curt has jurisdiction to try this case
Under s 41a dda
2 types
Triable exclusively by hc
Pp must require them to be transferred to the hc

Triable exclusively by hc
S 39 b
A prosecution under this section shall not be instituted unless wth consent of the pp
When the accused is brought be fore a court (usually the mc) under this seyion before the pp has
consented to the prosectuon, the charge shall be explained to him but he shall not be called upon to
plead
After the charge has been read and explained, the court usually the mc shall then transmit the ase to
the high court

If an a is charged for drug trafficking under s 39b, this offence is exclusively triable by the hc
A prosecution under this section shall not be instituted unless with consent of pp
When the accused is brought before a court usually the mc under this section before the pp has
consented to the prosecution, the charge shall be explained to him but he shall not be called upon to
plead
After the charge has been read and explained, the court usually mc shall then transmit the case to the
hc

An kee cheng
Pp v oladotun umaru
Pp must consent for a charge under s 39B before the case is transmitted to the hc pursuant to s 41A
DDA
Punanesvaran al kesaran
The charge under. S 39B should not have been framed until the chemist report is ready

S 41A DDA
An accused is brought to the court usually the magistrate court under this section shall be tried
exclusively by the hc
S 39B(3) the prosecution shall not be instituted unless with the consent of PP
Provides that when an accused is brought before the court usually mc shall be explained with the
charge and shall not be called upon to plead
After the charge has been read and explained, the court shall then transmit the case to hc

An kee cheng
Oladotun umaru
Pp must consent for a charge under s 39B before the case is transmitted to the hc

Cases where pp must require them to be transferred to the hc

Cases which are not s 39B are ordinarily triable before the mc or sv but the pp requires them to be
transferred to the hc
Examples are offences under s 12 and s 15 dda
The requisition of pp must be tendered in court there is no requirement of consent of pp
After the charge has been read and explained, the mag shall then transmit the case to the hc

Savrimuthu sinappan
Cheah cheng eng
Muda b m
Johari b abdul kadir

Savrimuthu sinappan
Muda b m
Cheah cheng eng
Johari b abdul kadir

Savrimuthu sinappan
Pending cases could still be tried by the sc unless pp requires
Pp’s requisition is valid only for pending cases
If pending case has been transferred to hc with consent, it cannot be

Cheah cheng eng

Can transfer while pending since pp requires

Muda b m
Partially heard in sc cannot be transferred

Johari b a kadir
Pending

S 41A DDA

S 11 FIPA
Similar to s 41A dda and refers to offences in the act where the pp must require them to be transferred
to hc
If it conflicts with any written law, then the maxis generalibus specialia derogant applies

S 3(2) srd schedule of sca

Empowers the sub court on application or on its own motion to transfer the case toa lateral court
Court of same jurisdiction but different local jurisdiction
Manokaran v pp
The sc president on his own motion transferred th case frommc to his sc it was held to be illegal as
onlu lateral transfer could be made

S133 does not state that the accused can be impeached. Howver the accused can be impeached under
other act such as dda, kidnapping act, Malaysian anti corruption commission act

When to produce the statement to impeach the A?

Krishnan & anor a caustioned statement may be produced before or after a has been contradicyed,
preferably during the prosecution case
During the prosecution case
If the defence objects, a voir dire is held
Then during the defences case if a makes a contradictory statement, the prosecution may impeach his
credit without proving voluntariness
Peoduifn cautioned statement at the dfence case
If makes a contradictory statement the prosecution must produce the cautioned statement
If the dfence objects, a voir dire is held. If the statement is held to be voluntary then the statement is
admissible and impeachment is allowed
Procedure of impeachment proceedings
1. Party inform the court of its intention to impeach
If there are material contraduictions between the statement of the witness and his oral
testimony in the witness box, the party then inform its intention to impeach the witness
marking the discrepancies in the statement

If there are material contradictions between the statement of the witness and his oral
testimony in the witness box, the party may then inform the court its intention to impeach the
witness, marking its discrepancies in the statement

2. The court then reads the former statement to see the difference. In Muthusamy v pp, taylor j
held that the differences may be
- Minor difference
- Apparent discrepancies
- Serious difference
- Material difference

Minor discrepancies
If there are minor difference and no serious discrepancies, the court so rules and no time wasted.
A mere omission by a witness to state something in his testimony before the court does not amount to
a discrepancy or a contradiction, thus this cann be used as a geounf to impeach him

If there are minor disffeence and no serious discrepancies athe court so rules and no time wasted. A
mere omission by a witness to state something in his testimony before the court does not amount to
discrepancy or contradiction thus this cannot veused as a ground to impeach him

Material discrepancy
Then impeachment proceeding will be allowed pavone v pp

S 155 leave of court is required by law to impeach the party’s own witness
In practice leave of court is obtained to impeach the witness of the adverse party

After leave is obtained, thw witness is shown the statement and asked whether he made the alleged
statement
Ig he denies, then the matter is dropped or the prosecution must prove that the witness ade the
statement usually doe by holding a voir dire

If he admits making the former statement then the cour will usually explain the 2 conflicting versions
and he is given an opportuinity to explain if his explantion is of satisfactory then his credit is safe if
not then his credit is doubt ful

Impeachment order
Dato mokthar hashim overruled munasamy and approved the approach by datuk haji harun haji
idris holdig that an immediate order to impeach the credit of the prosecution witness during the
prosecutions case cannot be given the witness is entitled to be cross examined and re examine
It is only after the prosecuto- case that the court will decide whether to disregard the witness after
assession his creit with the rest o the evidence as a whole
The same procedure in dato mokhtar hashim is applicable when the defence witness is impeach
Dmh overruled munasamy and approved the approach in dhhhi holding that an immediate order to
impeach credit of prosecution witness during the prosecution case cannot be given
The witness is entitled to be cross examined and re-examined it is only after the prosecution case that
the court will decide whether to disregard the witness after assessing his credit with the rest of the
evidence as a whole

S 113 does not state whether it can be used to impeach the accused however a can be impeached
under dd a, kidnapping act and Malaysia anti corruption commission act when to produce the
statement to impeach a
Krishnan a cautioned statement may be produced before or after a has been contradicted preferably
during the prosecution’s case

Summary trial
Aims or purposes of the pre trial processes are
Speedy disposal of cases
Balance the rights of victim and accused
Reduced costs to maintain prisoners
Efficient & expeditious criminal justice system

Aims and purpose of pre trial processes are

Speedy disposal of cases
Balance the right between victims and accused
Reduced costs to maintain prisoners
Efficient and expeditious criminal justice system

Pre trial conference

S 172A

Summary trial is observed in both the magistrate court and sessions court even though the cpc
mentions only magistrates court tengku abdul aziz if cases are instituted by private persons o by a
complainant where the masgitrate decides to issue warrant or summon under s 136 then summary
trial is also observed

S 173(a) charge
Framed read explain to him and shall be asked whether he is guilty of the offence

Ramanathan handcuffs
Fong hung sium read and explain
Fong siew poh charge must be read separately

Sukma darmawan
Suppression of material evidence favourable to the defence y the prosection mught render the
conviction o the accused based on his guilty plea being quashed

Since ther was suppression of material evidence by the prosecution, it might render the conviction
based on the a’s guilty plea quashed

S 158 amended charge must be read and explained to the accused

Understand the nature and consequence of his guilty plea

Gabriel
Cannot appeal against the conviction but can appeal against sentence s 305
Lee weng tuck held that when the accused pleads guilty he must not only know the nature of his
plead but also the consequence including no trial and maximum sentence may be passed

S 173(a) charge
Originally framed or amended understand the nature and consequence of his guilty pleade admit
without qualification

Sukma darmawan
Since there was suppression

S 158

Understand the nature and consequence of his plea

Gabriel
Cannot appeal against conviction under s 305 can appeal against sentence
Lee weng tuck
Must not only understand the nature but also the consequence including no trial and maximum
sentence might be passed

Plea of guilt must be unequivocal and unqualified

Cheah chooi chuan
The accused said that he would plead guilty if the complainant
Cockerel
Munawar
Drunk theft of bicycle
Yusoff
Keris
Margarita b cruz
Passport
Seah ah chiew
Unrepresented
Consumed beer and on medication for diabetes

A must plead guilty on behalf of himself and not through his counsel as long as he understand the
nature and consequence of his guilty plea
Pp leng chow teng
Lee weng tuck

If the facts and law are complicated, the plea of guilty should not be accepted if the accused is not
represented by counsel
Low hiong boon

Brief facts
After the plea of guilty the court will not record a finding of guilt immediately but will ask the
prosecution to provide the brief facts of the case and to take evidence of the nature of the charge
before passing sentence

After the plea of guilty the court will not record a finding of vuilty immediate but will ask the
prosecution to provide brief facts of the case and to take evidence of the nature of the charge before
passing sentence palan
Of yje peffence is simple, then gays wild be as per te cjahe of yje case od omplcaed e prosecitoon
should furnish other facts

Then a must be asked if he admit to the facts

If he denies, guilty plea should be rejected and set the case fown for hearing
If he admits, record the finding of guilt and dispose of the case provided the facts support the charge

Akar
The narrative by the prosecution should be a short summary facts of the case and its length depends
on the nature of the charge and the seriousness of the case
Lian kian boon
Brief facts should be confined tofacts necessary to establish the chagr enad must be the facts that the
prosecution is adble to prove
If the accused does not admit to the facts, plea must be rejected and the case must be set fown for
hearing
Mfza
Brief facts are necessary for the benefit of the appellant to know and understand his case better

Akbar
T

Authority

Lee weng tuck

Accused may withdraw his guilty plea anytime bfore the court becomes functus officio and the
power is to exercised judicially on valid grounds

Jamalul khair
A can even withdraw at mitifation

New tuck shen

Did not allow the accused to withdraw has he was caught red handed by the bsn and had no defence

Saw kim hai

No allowed to change his plea at his whims and fancies

Joint pleas
Fong siew poh
More than 1 accused

Charge must be read separate and plea must be taken separately

Subramaniam
One a more than 1 charge
Read and explained separately and plea recorded separately

2 accused
Lee weng sang
Not desireable to consider the guilty plea of a until after the trial
If b is found not guilty, the prosecution may amend the charge or withdraw against a
Yap see teck
If prosecution is calling a as witness then it is desirable to first dispose of the case and remove him as
accused

If the accusd refuses t plead o fos not pelar o claims to be tried the court sja;[rceed to ale ale vidence
as may be produce in suppoer of the prosection

Pp v Mohamed said
All evidence available at that time
Zainuddin all evidence the prosecution wants to adduce to support its case

Exhibits documents or things to be produced

Chong ah chai it was held that the stolen mixer could be views at the location as it was too heavy to
bring it to court

Mohamed said
Zainuddin

Chong ah chai
S 264
S266 s267
S268
S270

S 173(d)
Include private summons and non private summons
S 133 examine the complainant on oath

Muharam b anson
Pp has discretion call any witness and the court will not interfere

Chu chee peng

Thevery corner of the prosecution case collapse = charge is groundless
Auseh choon
After several postponement of the prosecution to produce the document requested by the defence
The mag discharged the accused not amounting to an acquittal
S 173(f) only if charge is groundless here there was no evidence that the charge was groundless yts
the magistrate should allow the postponedment requested by the prosecution
Under s 254 the prosectuoon may decline to further prosecute

Uthayakumar a/l ponnusamy

Even at that early stage, prior to the commencement. Let alone the closing of the prosecution case the
charge is apparent to all and sundry it was groundless
Ling leong kong numerous delays and absence of the complainant the hc upon revision held that
before invoking s 173(g) the court should at least allowed the prosecution tocontinute wit the case so
that the can can evaluate the evidence and deicde whther the charge is indeed groundless

After numerous

Chu chee peng

Au seh chun
Uthayamru v ponnusamy
Ling leong kong

Discharge when the investigation is incomplete

Hls Pereira
Tan kim san
Chong fook fatt