Malaysia legislation

Section 58

of *COURTS OF JUDICATURE ACT 1964

Section 58

Where the grounds of appeal do not raise any question of law and it appears to the President and two other Judges of the Court of Appeal that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the

Court of Appeal to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the President, certifying that the said

Judges, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint and notice of the rejection shall be served upon the appellant:

(i)

if, in any case rejected under this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the Registrar of the Court of Appeal of application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Court of Appeal may grant leave to amend accordingly and shall restore the appeal for hearing; and

(ii)

for the purpose of this section, the question whether a sentence ought to be reduced shall be deemed not to be a question of law.

Notice and time of hearing

Section 58 — COURTS OF JUDICATURE ACT 1964 | mylaw.my