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Last year the Court of Appeal, in the absence of a cross-appeal by the prosecution, used its power in the Courts of Judicature Act 1964 to double the sentence of a man who wanted to lessen his jail term for assault. This month, a larger panel delivered a landmark judgment that endorsed the same power to High Court judges under the Criminal Procedure Code. CHELSEA L.Y. NG takes a closer look at these provisions and their effect on the court system.
The Court of Appeal dismissed an appeal by businessman Datuk Ho Seng Chuan against a High Court order which compelled lawyer S. Krishna Kumar to bear the cost of proceedings. The three-man Bench comprising Court of Appeal judges Justices Gopal Sri Ram and Arifin Jaka and High Court judge Justice Abdul Wahab Patail Wednesday held that Ho was not the aggrieved party in the appeal.
The Court of Appeal has upheld the High Court decision to rule that the Director-General of Trade Unions had acted beyond his jurisdiction when he decided to recognise one of the feuding factions of the National Union of Bank Employees as the union's lawful office-bearers.