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ARTICLE 7, FAN YEW TENG V PP [1975] 2 MLJ 235, JAMALI BIN ADNAN V PP, PP v…
ARTICLE 7
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ELEMENTS
s 302 of CPC and art 7(2) of the FC show that certain elements or conditions need to be satisfied in order to invoke the plea of autrefois acquit or autrefois convict.
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Article 7 (2)
A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where a retrial is ordered by a court.
This means that no person should be jeopardized by subsequent criminal prosecutions if he has already been adjudged to be guilty. Likewise, an acquittal is a permanent bar to a new trial for the same offence on the same set of facts.
A person will not be retrial even if the law is subsequently amended, or if new evidence comes to light, or if an acquitted person voluntarily makes a confession, or even if defence witnesses renounce, the earlier trial cannot be reopened.
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JAMALI BIN ADNAN V PP
Facts: J had been convicted and sentenced in the Sessions Court on four charges of robbery with a deadly weapon to wit a revolver. Subsequently he was charged in the High Court for the offence of being in control, without authority, of the revolver and ammunition. The appellant was found guilty and sentenced to death.
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Issue: Whether J could lawfully be charged again in the High Court for offences constituted by the same acts under the Internal Security Act 1960 after he had been tried, convicted and sentenced by the Sessions Court for the robberies with a deadly weapon to wit a revolver under sections 392 and 397 of the Penal Code.
Held:
in order to operate as a bar the appellant must prove that the second prosecution or trial must be either (a) for the same offence or (b) on the same facts for any other offence for which a different
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The charges for armed robbery under PC were triable in the Sessions Court but the Sessions Court was not competent to hear charges under the ISA which carries the mandatory death penalty.
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