ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 10 - OF PREVIOUS ACQUITTALS OR CONVICTIONS



Section 134. Person once convicted or acquitted not to be tried again for same offence.


(1) A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall not, while such conviction or acquittal remains in force, be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 91 or
for which he might have been convicted under section 92.


(2) A person acquitted or convicted of any offence may afterwards be tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection 90(1).


(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such lastmentioned offence, if the consequences had not happened or were not known to the Court to have happened at the time when he was convicted.


(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.


(5) The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.





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