MAT SHUHAIMI SHAFIEI v. KERAJAAN MALAYSIA  1 CLJ 404
COURT OF APPEAL, PUTRAJAYA
LIM YEE LAN JCA, VARGHESE GEORGE JCA, HARMINDAR SINGH DHALIWAL JCA
[CIVIL APPEAL NO: W-01(A)-115-04-2015]
25 NOVEMBER 2016
 CLJ (JT13)
CIVIL PROCEDURE: Res judicata - Principles - Whether court could decline application if application leads to unjust result - Whether discretionary in nature - Whether same issues challenged in earlier proceedings
CONSTITUTIONAL LAW: Legislature - Constitutionality of statute - Sedition Act 1948 (`Act 15') - Application for declaration that s. 3 of Act 15 violated art. 10 of Federal Constitution - Exclusion of requirement to prove `intention' - Whether disproportionate inroad into fundamental right - Whether exclusion of requirement to prove intention was a deviation from norm with regards to criminal prosecutions - Whether s. 3(3) of Act 15 breached guarantee of equality under Federal Constitution - Whether s. 3(3) of Act 15 contravened art. 10 of Federal Constitution
CONSTITUTIONAL LAW: Fundamental liberties - Freedom of speech and expression - Sedition Act 1948 (`Act 15'), s. 3(3) - Application for declaration that s. 3(3) of Act 15 violated art. 10 of Federal Constitution - Whether violated citizen's right to freedom of speech and expression - Exclusion of requirement to prove `intention' - Whether s. 3(3) satisfied test of proportionality - Whether s. 3(3) in violation of constitutional rights of a citizen to be treated and protected equally before law
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