APPEAL TO THE

COURT OF APPEAL
&
FEDERAL COURT
CRIMINAL PROCEDURE CODE II
 APPEAL TO THE
COURT OF APPEAL
Reference: Baljit Singh Shidu, Criminal Litigation Process, 3rd Edition, Sweet & Maxwell, 2015.
 ART 121 (1b) FC
There shall be a court which shall be known as the
Mahkamah Rayuan (Court of Appeal) and shall have its
principal registry at such place as the Yang di-Pertuan
Agong may determine, and the Court of Appeal shall
have the following jurisdiction, that is to say—
INTRODUCTION a. jurisdiction to determine appeals from decisions of a
High Court or a judge thereof (except decisions of a
High Court given by a registrar or other officer of the
Court and appealable under federal law to a judge of
the Court); and
b. such other jurisdiction as may be conferred by or
under federal law.
 (1) Subject to any rules regulating the proceedings of the Court of
Jurisdiction to Appeal in respect of criminal appeals, the Court of Appeal shall have
jurisdiction to hear and determine any appeal against any decision
hear and made by the High Court--
determine (a) in the exercise of its original jurisdiction; and
criminal appeals (b) in the exercise of its appellate or revisionary jurisdiction in
respect of any criminal matter decided by the Sessions Court.

S 50 Court of (2) An appeal shall lie to the Court of Appeal, with the leave of the
Court of Appeal, against any decision of the High Court in the
Judicature Act exercise of its appellate or revisionary jurisdiction in respect of any
criminal matter decided by a Magistrates' Court but such appeal
1964 shall be confined to only questions of law which have arisen in the
course of the appeal or revision and the determination of which by
the High Court has affected the event of the appeal or revision.
 (2A) An application for leave under subsection (2) shall
be made within fourteen days after the date of the
decision of the High Court.
(3) Notice of any appeal by the Public Prosecutor shall
be signed by the Public Prosecutor, the Solicitor
Contd… General or any other officer authorized by the Public
Prosecutor; and notwithstanding subsection (2) no leave
of the Court of Appeal is required.
(4) Except as otherwise provided in this section, an
appeal may lie on a question of fact or a question of
law or on a question of mixed fact and law.
 – any decision: judgement, sentence or order.
– PP v Pasupathy s/o Kanagasaby: if the
prosecution appeals, no leave is required under
Contd… s50 (3) CJA 1964, and the Court may hear
appeals on both facts and law.
 Filing Filing Transmissi
Ground of on of
Notice of petition of
PROCEDURE Appeal judgement
appeal
appeal
record

OF AN
APPEAL TO Procedure
at hearing
and
Decision
COA Judgement
admissibilit
y of fresh
evidence
 – (1) Every appeal shall be by notice in writing which shall be
filed with the Registrar of the Court from which the appeal
lies at the place where the decision appealed against was
given within fourteen days after the date of the decision.
– (2) Every notice of appeal shall state shortly the substance
Notice of of the judgment appealed against, shall contain an address
appeal at which any notices or documents connected with the
appeal may be served upon the appellant or upon his
S51 CJA 1964 advocate, and, except where the notice of appeal is given
orally under section 54, shall be signed by the appellant or his
advocate:
– Provided that, in a case of an appeal under subsection 50(2),
the computation of the aforesaid period of fourteen days
shall commence from the date immediately after leave
has been granted by the Court of Appeal.
 – An appeal automatically stays sentence of
death and/or whipping.
Contd…
– Other sentence may be stayed pending appeal
at the discretion of HC or COA.
 (1) When a notice of appeal has been filed the Judge by whom
the decision was given shall, if he has not already written his
judgment, record in writing the grounds of his decision, and
the written judgment or grounds of decision shall form part
of the record of the proceedings.
Record of (2) As soon as possible after notice of appeal has been filed
the Registrar shall cause to be served on the appellant or his
proceedings advocate at his address for service specified under subsection
S 52 51(2) a notice that a copy of the record is available and can be
had on applying for the same on payment of the prescribed
fee:
Provided that in the case of an appeal by the Public
Prosecutor a copy of such record shall be furnished to him
without payment of any fee.
 –There is no time frame for the judge to
write the grounds of decision but it is
expected to be prepared within
reasonable time.
CONTD… –The Registrar shall cause to be served on
the appellant or his advocate at his
address for service specified under
subsection 51(2) a notice that a copy of
the record is available
 (1) Within ten days after service of the notice referred to
in subsection 52(2) the appellant shall file with the
Registrar of the Court from which the appeal lies a petition
of appeal and five copies thereof addressed to the Court of
Appeal.
(2) Every petition of appeal shall be signed by the
Petition of appellant or his advocate and shall contain particulars of
appeal the matters of law or of fact in regard to which the High
Court is alleged to have erred, and, except by leave of the
S 53 CJA 1964 Court of Appeal, the appellant shall not be permitted on
the hearing of the appeal to rely on any ground of appeal
other than those set forth in the petition.
(3) If a petition is not filed within the time prescribed by
this section the appeal shall be deemed to have been
withdrawn, but nothing in this subsection shall be deemed
to limit or restrict the powers of extending time conferred
upon the Court of Appeal by section 56.
 –PP v Jawan ak Empaling & Anor – a faxed
copy of the petition of appeal is
acceptable as s 307 does not specify that
the original document must be sent.
–(3) If a petition is not filed within the
Contd… time prescribed by this section the
appeal shall be deemed to have been
withdrawn, but nothing in this
subsection shall be deemed to limit or
restrict the powers of extending time
conferred upon the Court of Appeal by
section 56.
 (1) When an appellant has complied with
sections 51 and 53, the Registrar of the Court
from which the appeal lies shall forthwith
Transmission transmit to the Court of Appeal four copies of
the record of the proceedings in the case,
of papers to together with four copies of the notice of
Court of appeal and of the petition of appeal.
Appeal (2) The Registrar of the Court from which the
S 55 CJA 1964 appeal lies shall also furnish the respondent or
his advocate with a copy of the record of the
proceedings in the case and a copy of the notice
of appeal and of the petition of appeal.
 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
Summary 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
rejection of of complaint and notice of the rejection shall be served upon the appellant:

appeal Provided that—

S 58 CJA 1964 (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.
 Where the Court of Appeal does not
Notice and reject an appeal summarily under
time of section 58, or where the Public
hearing Prosecutor is the appellant, the Court
of Appeal shall cause notice of the
S 59 CJA 1964 time and place for the hearing of
the appeal to be given to the parties
thereto.
 (1) At the hearing of an appeal the Court of Appeal shall hear the
appellant or his advocate, if he appears, and, if it thinks fit,
the respondent or his advocate, if he appears, and may hear
the appellant or his advocate in reply, and the Court of Appeal
Powers of may thereupon confirm, reverse or vary the decision of the
High Court, or may order a retrial or may remit the matter
Court of with the opinion of the Court of Appeal thereon to the trial
Appeal court, or may make such other order in the matter as to it
may seem just, and may by that order exercise any power
S 60 CJA 1964 which the trial court might have exercised:
Provided that the Court of Appeal may, notwithstanding that it
is of opinion that the point raised in the appeal might be
decided in favour of the appellant, dismiss the appeal if it
considers that no substantial miscarriage of justice has
occurred.
 (2) At the hearing of an appeal the Court of
Appeal may, if it thinks that a different sentence
should have been passed, quash the sentence
Powers of passed, confirmed or varied by the High Court
Court of and pass such other sentence warranted in law
Appeal (whether more or less severe) in substitution
therefor as it thinks ought to have been passed.
S 60 CJA 1964
(3) The Court of Appeal shall in no case make any
order under this section as to payment of costs
of any appeal to or by the appellant or
respondent.
 (1) In dealing with any appeal in a criminal case the Court of
Appeal may, if it thinks additional evidence to be necessary,
either take such evidence itself or direct it to be taken by the
trial court.
(2) When the additional evidence is taken by the trial court, it
Additional shall certify the evidence, with a statement of its opinion on
evidence the case considered with regard to the additional evidence, to
the Court of Appeal, and the Court of Appeal shall thereupon
S 61 CJA 1964 proceed to dispose of the appeal.
(3) The parties to the appeal shall be present when additional
evidence is taken.
(4) In dealing with any appeal in a criminal case the Court of
Appeal may also, if it thinks fit, call for and receive from the
trial court a report of any matter connected with the trial.
 – Mohamed Jamal v PP, quoted 4 conditions laid down
in case R v Parks:
a) The evidence that is sought to call must be evidence
which was not available at the trial;
b) It must be evidence relevant to the issues;
Contd… c) It must be evidence which is credible evidence in the
sense that it is well capable of belief; and
d) The Ct will after considering that evidence go on to
consider whether there might have been a
reasonable doubt in the mind of the jury as to the
guilt of the appellant if the evidence had been given
together with the other evidence at the trial
 (1) On the termination of the hearing of an appeal the
Court of Appeal shall, either at once or on some future
day which shall either then be appointed for the purpose
or of which notice shall subsequently be given to the
parties, deliver judgment in open court.
Judgment (2) In criminal appeals and matters the Court of Appeal
S 62 CJA 1964 shall ordinarily give only one judgment, which may be
pronounced by the President or by such other member
of the Court of Appeal as the President may direct:
Provided that separate judgments shall be delivered if
the President so determines.
(3) The judgment of any member of the Court of Appeal
who is absent may be read by any other Judge.
 APPEAL TO THE
FEDERAL COURT
 Save as in this Act provided, in the
Jurisdiction exercise of its appellate jurisdiction, the
Federal Court shall have the same
and powers
jurisdiction, may exercise the same
S 86 CJA 1964 powers and may make any order as are
had and may be exercised or made by
the Court of Appeal or by the High Court.
 (1) The Federal Court shall have jurisdiction to hear and
determine any appeal from any decision of the Court of
Jurisdiction to Appeal in its appellate jurisdiction in respect of any
criminal matter decided by the High Court in its original
hear and jurisdiction subject to any rules regulating the
determine proceedings of the Federal Court in respect of appeals
from the Court of Appeal.
criminal (2) Notice of any appeal by the Public Prosecutor shall
appeals be signed by the Public Prosecutor, the Solicitor General
S 87 CJA 1964 or any officer authorized by the Public Prosecutor.
(3) An appeal may lie on a question of fact or a question
of law or on a question of mixed fact and law.
 (1) Within fourteen days of the decision of the Court of Appeal or
within such extended time as the Court may allow the appellant shall file
in the Registry of the Court of Appeal a Notice of Appeal and eight copies
thereof. A copy of the Notice of Appeal shall be sent by the appellant to
the Registrar, and another copy to the respondent.
Rule 88 of the (2) The Notice of Appeal shall be substantially in Form 7 in the First
Schedule to these Rules. Page 22 of 48 (MY) Rules of the Federal Court
Rules of 1995 (P.U.(A) 376/1995)

Federal Court (3) As soon as Notice of Appeal is filed by the Public Prosecutor as in
paragraph (1) the Federal Court may on an application by the Public
1995 Prosecutor issue a warrant directing that the accused be arrested and
brought before it and may remand him to prison pending the disposal of
the appeal or admit him to bail in accordance with the provisions of
section 88 of the Courts of Judicature Act 1964 [Act 91].
(4) The application under paragraph (3) may be made by motion ex parte
and for the purpose of this paragraph, rules 101 and 102 shall apply.
 Papers
(1) As soon as practicable after the filing of a Notice of Appeal in his
Registry the Registrar of the Court of Appeal shall forward to the
Registrar particulars of the appellant's trial in Form 9 in the First
Schedule to the Rules together with sufficient copies of the following
papers:
Rule 91 of the
(a) the record of appeal used in the Court of Appeal;
Rules of (b) the grounds of judgement of the Court of Appeal; and
Federal Court (c) additional evidence or documentary exhibits read and produced at
1995 the hearing of the Court of Appeal.
(2) The Registrar of the Court of Appeal shall deal with the exhibits as
directed by the Registrar. 92. More than one who appeal
Where more than one person appeals against the same decision of a
Court of Appeal the number of papers to be filed and supplied under
these Rules shall be increased by one for each person in addition to one.
 Service of papers
Rule 93 of the
Rules of As soon as may be practicable the
Federal Court Registrar of the Court of Appeal shall
1995 cause copies of all the papers mentioned
in rule 91 to be served on both parties to
the appeal.
 Petition of Appeal
(1) Within a period of ten days after service upon him
of the papers mentioned in rule 91 or within such
extended period as the Court may allow the
Rule 95 of the appellant shall file with the Registrar a Petition of
Rules of Appeal and eight copies thereof.
Federal Court (2) A Petition of Appeal shall be substantially in Form 10
in the First Schedule to these Rules.
1995
(3) On receipt of a Petition of Appeal the Registrar shall
transmit a copy thereof to the Registrar of the Court
of Appeal and shall cause a copy of the same to be
served on the respondent.
 Where the grounds of appeal do not raise any question of law and it appears
to the Chief Justice and two other Judges of the Federal Court 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 Federal Court to consider that the
Summary 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 Chief
rejection of Justice, certifying that the said Judges, having perused the record, are
satisfied that the appeal has been brought without any sufficient ground of
appeal complaint and notice of the rejection shall be served upon the appellant:
Provided that--
S 90 CJA 1964 (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
Federal Court 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 Federal
Court 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 Where the Federal Court does not reject
time of an appeal summarily under section 90, or
where the Public Prosecutor is the
hearing
appellant, the Federal Court shall cause
notice of the time and place for the
S 91 CJA 1964 hearing of the appeal to be given to the
parties thereto.
 (1) At the hearing of an appeal the Federal Court shall hear the appellant or
his advocate, if he appears, and, if it thinks fit, the respondent or his
advocate, if he appears, and may hear the appellant or his advocate in
reply, and the Federal Court may thereupon confirm, reverse or vary the
decision of the Court of Appeal, or may order a retrial or may remit the
matter with the opinion of the Federal Court thereon to the High Court, or
may make such other order in the matter as to it may seem just, and may
by that order exercise any power which the Court of Appeal or the High Court
Powers of might have exercised:
Provided that the Federal Court may, notwithstanding that it is of opinion
Federal Court that the point raised in the appeal might be decided in favour of the
appellant, dismiss the appeal if it considers that no substantial miscarriage
S 92 CJA 1964 of justice has occurred.
(2) At the hearing of an appeal the Federal Court may, if it thinks that a
different sentence should have been passed, quash the sentence passed,
confirmed or varied by the Court of Appeal and pass such other sentence
warranted in law (whether more or less severe) in substitution therefor as it
thinks ought to have been passed.
(3) The Federal Court shall in no case make any order under this section as to
payment of costs of any appeal to or by the appellant or respondent.
 (1) In dealing with any appeal in a criminal case the Federal
Court may, if it thinks additional evidence to be necessary,
either take such evidence itself or direct it to be taken by the
High Court.
Additional (2) When the additional evidence is taken by the High Court, it
evidence shall certify the evidence, with a statement of its opinion on
the case considered with regard to the additional evidence, to
the Federal Court, and the Federal Court shall thereupon
proceed to dispose of the appeal.
S 93 CJA 1964
(3) The parties to the appeal shall be present when additional
evidence is taken.
(4) In dealing with any appeal in a criminal case the Federal
Court may also, if it thinks fit, call for and receive from the
High Court a report of any matter connected with the trial.
 (1) On the termination of the hearing of an appeal the Federal Court
shall, either at once or on some future day which shall either then be
appointed for the purpose or of which notice shall subsequently be
given to the parties, deliver judgment in open court.
Judgment (2) In criminal appeals and matters the Federal Court shall ordinarily
S 94 CJA 1964 give only one judgment, which may be pronounced by the Chief
Justice or by such other member of the Federal Court as the Chief
Justice may direct:
Provided that separate judgments shall be delivered if the Chief
Justice so determines.
(3) The judgment of any member of the Federal Court who is absent
may be read by any other Judge.