Criminal case study in malaysia

Where the delay is minimal, the court will still not grant an extension of time if the application for which the extension is sought is bound to fail.

There must be an arguable case. The entire circumstances would be considered. Next we will discuss revisions.

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The powers of revision is contained in Sections to of the Criminal Procedure Code and are given to high court judges. Muhari Mohd Jani [] 3 MLJ The object of revision is to confer on criminal courts a kind of supervisory jurisdiction to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of precautions or apparent harshness of treatment resulting on one hand in some injury to law and order or on the other some undeserved hardship to some individuals.

The power of revision must be used sparingly and exercised judicially.

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Sukma Dermawan [] 3 CLJ Revision may only be exercised for good reasons and between the limits and spirit of the legislation. There can be no recourse to revision when the matter is appealable and no appeal is lodged. Mohd Dalhar [ ] 1 MLJ The court will not act in revision where the matter is pending appeal. The court would not allow efforts to go around provisions which bar appeals by attempting to get cases reviewed unless there are obvious illegalities or miscarriages of justice and revision is not an alternative to an appeal. Rajendran [] 4 MLJ When the court acts in revision, it is not confined to matters raised by the parties alone.

Yen Wing Lee [] 3 CLJ In appropriate circumstances, the court would go into the deeper aspects of the matter to ensure substantial justice subsist between the accuser and the accused and also between the accused and others who might have suffered. The court is also not precluded from revision when the matter has been brought on appeal as long as it has come to its knowledge or even if the matter at hand did not arise from the record of proceedings. Would you mind if I share your blog with my facebook group? Please let mme know.

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