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2014 MarsdenLR 1615

HIGH COURT SABAH & SARAWAK MIRI
PP – Appellant
Versus
HWONG YU HEE & ORS – Respondent


Table of Content
1. appeal background and procedural history. (Para 1 , 2 , 4 , 5)
2. dpp's conduct and procedural irregularities. (Para 3 , 6 , 7 , 8)
3. legal framework for appealing acquittals. (Para 10 , 11 , 12)
4. defects in the notice of appeal. (Para 13 , 14 , 15)

[1] On 30 July 2013, the DPP filed a Notice of Appeal that "the Public Prosecutor being dissatisfied with the order of the Learned Session's Court Judge at Miri made on the 26 July 2013 hereby the Respondents who were charged under s 12 of the Anti-Trafficking In Persons and Anti-Smuggling of Migrants act 2007 (3 counts), were acquitted and discharged, and hereby appeals to the High Court against the said order." This appeal is against the order of acquittal and discharge at the end of the trial.

[2] I shall set out the chronology of events. Previously, at the end of the prosecution's case, the learned trial judge had made the ruling that the prosecution had failed to make out a prima facie case against all the three accused. He had accordingly acquitted and discharged the three accused in respect of all the five charges against them.

[3] The prosecution filed an appeal against the order of acquittal and the appeal was h

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