SUFIAN BIN SULAIMAN v Pendakwa Raya [Pendakwa Raya]

w-09-204-08-2020 Court of Appeal (Mahkamah Rayuan) 23 February 2025 • W-09-204-08/2020 • 28 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Kaedah 105 Kaedah-Kaedah Mahkamah Rayuan 1994 - Seksyen 307 Kanun Tatacara Jenayah - Procedure for appeal - Seksyen 308 Kanun Tatacara Jenayah - Transmission of appeal record - Seksyen 60(1) Akta Mahkamah Kehakiman 1964 - Powers of Court of Appeal - Seksyen 422 Kanun Tatacara Jenayah (Akta 593) - Seksyen 7 Akta Keterangan 1950 - Facts which are the occasion, cause or effect of facts in issue - Seksyen 7 Akta Keterangan 1950 - Seksyen 167 Akta Keterangan 1950 - Seksyen 422 Kanun Tatacara Jenayah - Seksyen 60 (1) Akta Mahkamah Kehakiman 1964

Practice Areas

Kaedah 105 Kaedah-Kaedah Mahkamah Rayuan 1994

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Ahmad Zaidi bin Ibrahim Coram Azmi bin Ariffin Delivered

Counsel (7)

Mustafa Ling & Co. Firm Ee Gen You Counsel Appellant Eyu Ghim Siang Counsel Prosecution Hisyam Teh Poh Tek Counsel Appellant Kee Wei Lon Counsel Appellant Muhammad Amin Bin Othman Counsel Appellant Siti Sumaiyah Binti Ahmad Jaafar Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Sufian bin Sulaiman Appellant

Case Significance

SUFIAN BIN SULAIMAN v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated February 23, 2025 (citation: w-09-204-08-2020). <p>The applicant was convicted of rape under s.376(1) Penal Code and sentenced to 14 years' imprisonment, later reduced to 10 years by the first Court of Appeal panel. He applied for a review of the first panel's decision on conviction, arguing misdirection. The second Court of Appeal panel unanimously dismissed the review application, finding no failure of justice as the first panel had given full opportunity to argue all issues.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Ahmad Zaidi bin Ibrahim and Azmi bin Ariffin, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Ee Gen You (counsel for appellant), Eyu Ghim Siang (prosecution counsel), Hisyam Teh Poh Tek (counsel for appellant), Kee Wei Lon (counsel for appellant), Muhammad Amin Bin Othman (counsel for appellant), Siti Sumaiyah Binti Ahmad Jaafar (counsel for appellant).

Summary

The applicant was convicted of rape under s.376(1) Penal Code and sentenced to 14 years' imprisonment, later reduced to 10 years by the first Court of Appeal panel. He applied for a review of the first panel's decision on conviction, arguing misdirection. The second Court of Appeal panel unanimously dismissed the review application, finding no failure of justice as the first panel had given full opportunity to argue all issues.

What was the outcome of SUFIAN BIN SULAIMAN v Pendakwa Raya [Pendakwa Raya]?

<p>The applicant was convicted of rape under s.376(1) Penal Code and sentenced to 14 years' imprisonment, later reduced to 10 years by the first Court...

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

Cases Cited (6)

MY (6)

[1965] 1 MLJ 40 [1994] 2 CLJ 151 [1996] 1 CLJ 705 [2001] 1 CLJ 381 [2006] 2 CLJ 129 [2021] 6 CLJ 1