ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002
PART VI - OF APPEAL AND REVISION
CHAPTER 2 - OF APPEAL TO THE SYARIAH APPEAL COURT
Section 160. Appeal not to operate as stay of execution.
(1) Except in the cases mentioned in subsection (3) and section 159, no appeal shall operate as a stay of execution but the trial Court or the Syariah Appeal Court may stay execution of any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or nonperformance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court may seem reasonable.
(2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Syariah Appeal Court otherwise orders.
(3) In the case of a conviction involving sentence of whipping—
(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given under section 153, or any extension under section 158; and
(b) if notice is so given the sentence shall not be executed until after the determination of the appeal.
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