Sunday, 01 August 2021

Appeal and Sentencing, 22nd-23rd April 2016

Judicial Academy had organized the course of “Appeal and Sentencing” on 22nd and 23rd April 2016 in Putrajaya. This was the fourth course organized by the academy in 2016 subsequent to the courses of “Judge Craft and Judgment Writing” between 19th – 21st January 2016, “How to Read Statute” on 19th March 2016 and the “Case Management in Civil Cases” on 26th and 27th March 2016.

A total of 16 participants had attended the course including 11 Judges of the High Court and five Judicial Commissioners. The course was facilitated by YAA Tan Sri Md Raus bin Sharif (President of Court of Appeal), YA Tan Sri Ahmad bin Haji Maarop (Federal Court Judge), YA Dato’ Wira Aziah binti Ali (Federal Court Judge) and YA Tan Sri Idrus bin Harun (Court of Appeal Judge).

The course was divided into two parts, namely as individual assignment presentation by two selected judges and case study. Participants were divided into four groups to carry out the case studies.

Presentations of individual assignment were carried out by YA Dato' Haji Azman bin Abdullah and YA Dato' Sri Mariana binti Haji Yahya regarding following issues:

“It is an established principles that an appellate court should be slow to interfere or disturb with a sentence passed by the court below unless it is manifestly wrong in the sense of being illegal or of being unsuitable to the proved facts and circumstances. And the mere fact that another court might pass a different sentence provides no reason for the appellate court to interfere if the court below applies the correct principles in the assessment of the sentence”.

(i) Discuss the above, with specific reference to cases, with regard the object of punishment.
[by: YA Dato’ Haji Azman bin Abdullah]
Discuss the circumstances, with special reference to   cases, when an appellate court can interfere with finding of facts by the trial court both criminal and civil.
[by: YA Dato’ Sri Mariana binti Haji Yahya]

Discussions were held after each presentation by the two judges.

Each group carried out a case study by examining the record of appeal from lower courts to higher courts. Based on the record of appeal differences between groups, participants were required to make a decision and provide reasons for judgement in their presentation.

The course that lasted for one and a half days was successfully implemented and received excellent ratings from the participants.

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