ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002
PART VI - OF APPEAL AND REVISION
CHAPTER I - OF APPEALS TO THE SYARIAH HIGH COURT
Section 138. Procedure for appeal.
(1) Subject to sections 136 and 137, any person who is dissatisfied with any judgment, sentence or order pronounced by any Syariah Subordinate Court in a criminal case or matter to which he is a party, may prefer an appeal to the Syariah High Court against such judgment, sentence or order in respect of any error in law or in fact or on the ground of the alleged excessive severity or of the alleged inadequacy of any sentence, by lodging, within fourteen days from time of such judgment, sentence or
order being passed or made, with the Assistant Registrar of such Syariah Subordinate Court a notice of appeal in five copies addressed to the Syariah High Court.
(2) Every notice of appeal shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his Peguam Syarie.
(3) When a notice of appeal has been lodged, the Court appealed from shall make a signed copy of the grounds of decision in the case and cause the ground of decision to be served upon the appellant or his Peguam Syarie by leaving that copy at the address mentioned in the notice of appeal or by posting it by registered post addressed to the appellant at the said address.
(4) Within ten days after the copy of the grounds of decision has been served pursuant to subsection (3), the appellant shall lodge with the Assistant Registrar of the Syariah Subordinate Court at which the trial was held a petition of appeal in five copies addressed to the Syariah High Court.
(5) If the appellant within the period provided in subsection (1) for lodging his notice of appeal has applied for a copy of the notes of the evidence recorded by the Judge at his trial, he shall lodge his petition of appeal as provided in subsection (4)—
(a) within the period provided by such subsection; or
(b) within a period of ten days from the date when a notice is left at his address for service specified in subsection (2) that a copy of the notes of evidence can be had free,
of whichever period shall be the longer.
(6) Every petition of appeal shall state shortly the substance of the judgment appealed against, and shall contain definite particulars of the points of law or of fact in regard to which the Court appealed from is alleged to have erred.
(7) if the appellant is in prison, he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the time prescribed by this section and pays the prescribed appeal fee.
(8) The officer in charge of the prison shall forthwith forward such notice and petition or the purport thereof to the Assistant Registrar of the Syariah Subordinate Court at which the trial was held.
(9) If a petition of appeal is not lodged within the time prescribed by this section, the appeal shall be deemed to have been withdrawn and the trial Court shall enforce its sentence or order if any stay of execution has not been granted, but nothing herein contained shall be deemed to limit or restrict the power conferred upon the Judge by section 140.
Copyright © PNMB-LawNet. All rights reserved.