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Appeal - Coggle Diagram

- - - - S.315 of CPC - bail pending appeal
        
        DPP will request the warran of arrest, and the defence shall apply for bail
      - factors grant appeal there is another case but similar for bail pending trial
  - - - (a) sentnec is grossly inadequate - by P
        (b) sentence is excessive - by A
        (c) sentence is not according to the law - both
      - S.307(1) CPC - person who is dissatisfied with judgement by MC may appeal to HC on the grounds excessive or inadequacy
  - - - Stay - postpone
      - Execution - means punishment
      - Fine & Imprisonment must obtain stay
      - How to apply stay?
      - S.311 of CPC nto only included of imprisonment but also allow bail, it does not use the word bail, but use the word of "security" instead
        
        This kind of bail known as bail pending appeal
        
        therefore S.311 of CPC actually is stay & bail
        
        Grounds to grant the bai - Ganesa [1083]
    - - Sentence of Whipping
      - Sentence to death
  - - - For example, theref roe refer to S.87 of CJA
    - - S.305
        
        there is no appeal if the punishement is RM 25
      - S.305
        
        If you plea guilty, cannot appeal agiasnt not conviction, but can appeal against sentence.
      - S.306
        
        In order to appeal against acquittal, the DPP must obtain sanction - (appeal against acquittal)
- - - - Ahmad Zubair Hj Murshid [2014] - FC will only have jurisdiction to hear and determine any appeal from the decision of CA in its appellate jurisdiction in respect of matter decided in the HC.
  - - - Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Languag - Art.121(1B) is a general provisions relating to the urisdiction fo the CA. It is an empowering provision declaring that CA has the jurisdiction to determine appeals from the decision of HC
    - - S.50(2) - CA have jurisdiction to hear HC;s deciision made in its appellat/revisionary jurisdiction made from Magistrate Cour
        S.50(2A) - an application for leave shall be made within 14 days after the decision of HC made
        S.50(3) - for appeal by PP no leave of CA is required, PP can straight away files a NOA to the CA