Sunday 10 December 2023

Tanggungjawab Hakim memberi alasan hukuman

 LOW OOI HOI v. PENTADBIR TANAH WILAYAH PERSEKUTUAN KUALA LUMPUR [2023] 5 CLJ 376

COURT OF APPEAL OF MALAYSIA
HAS ZANAH MEHAT JCA; CHE MOHD RUZIMA GHAZALI JCA; SEE MEE CHUN JCA
[CIVIL APPEAL NO: W-01(A)-152-03-2021]
14 MARCH 2023

Giving reasons in a judgment is an essential requirement of the rule of law. A non-reasoned judgment could be held as a judgment not according to law. The rationale behind it is to provide a link between the facts and the decision made. More importantly, reasons introduce clarity to satisfy the party against whom the orders are made. In addition to that, a reasoned decision will act as a guard against any non-application of the mind and arbitrariness by the judge. Furthermore, reasons for judgment run parallel with the basic principle that justice must not only be done; it must also appear to be done.

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