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HIGH COURT MALAYA TAIPING
HENDRA MULANA – Appellant
Versus
PP & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. overview of the applicant's conviction and appeals (Para 1 , 2) |
| 2. details of the application for new evidence (Para 3 , 4 , 5 , 6) |
| 3. arguments presented by the applicant and the dpp (Para 8 , 9 , 10 , 11) |
| 4. legal standards for admitting additional evidence (Para 12 , 13) |
| 5. conditions for the admission of new evidence (Para 14 , 15 , 16 , 17 , 18) |
| 6. court's analysis of the conditions for new evidence (Para 20 , 21 , 22 , 23) |
| 7. conclusion on the merit of the applications (Para 25) |
Introduction
[1] The Applicant filed two (2) Notices of Appeal to the Court of Appeal against the decision of this Court delivered on 4 September 2023 in respect of Case No AB-44-10-06/2023 and AB-44-11-06/2023 pertaining to his applications to admit new evidence under the provisions of arts 8 and 121 of the Federal Constitution, ss 26, 31 and 35 of the Courts of Judicature Act 1964 and s 317 of the Criminal Procedure Code ( CPC ). The applications were made in respect of his appeal in the Taiping High Court Appeal No AB-42JSKS-2-02/2023 and AB-42JSKS-3-02/2023.
[2] Earlier, the Applicant had been convicted by the Taiping Sessions Court on 16 February 2023 in Case
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