PP v. AHMAD SAIFUL ISLAM MOHAMAD [2023] 2 CLJ 714
COURT OF APPEAL, PUTRAJAYA
KAMALUDIN MD SAID JCA; GUNALAN MUNIANDY JCA; HASHIM HAMZAH JCA
[CRIMINAL APPEAL NO: W-09-282-11-2021]
20 JANUARY 2023
Courts are bound to observe judicial hierarchy for the orderly development of legal rules as well as for the courts and lawyers to regulate their affairs. The doctrine of stare decisis provides certainty and uniformity in the law and stabilises the law, hence, is an indispensable foundation to a decision. The Court of Appeal, as the highest court to determine appeals in criminal matters emanating from subordinate courts, when faced with two conflicting decisions of the Court of Appeal, ought to follow the later decision for there to be a finality and certainty in the law.
JURISDICTION
Court of Appeal - Powers and jurisdiction - Court of Appeal highest court to determine appeals for criminal matters originating from subordinate courts - Application of doctrine of stare decisis - Whether principles governing Federal Court in Dalip Bhagwan Singh v. PP equally applicable to Court of Appeal - Whether later decision prevailed over earlier decision - Whether Magistrate correct in following later decision of Court of Appeal
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