PP v. AHMAD SAIFUL ISLAM MOHAMAD
COURT OF APPEAL, PUTRAJAYA
KAMALUDIN MD SAID JCA
GUNALAN MUNIANDY JCA
HASHIM HAMZAH JCA
[CRIMINAL APPEAL NO: W-09-282-11-2021]
20 JANUARY 2023
[2023] CLJ JT (4)

Abstract – Courts are bound to observe judicial hierarchy for the orderly development of legal rules as well as for the courts and lawyers to regulate their affairs. The existence of the doctrine of stare decisis has become the cornerstone of the legal system. It provides certainty and uniformity in the law and stabilises the law, hence, is an indispensable foundation to a decision.

CRIMINAL PROCEDURE: Appeal – Appeal against conviction and sentence – Break in chain of evidence – Charge under s. 15 of Dangerous Drugs Act 1952 – Collection of urine samples – Discrepancy in labelling of bottle containing sample – Whether affected identity and credibility of sample – Whether conviction safe

JURISDICTION: Court of Appeal – Powers and jurisdiction – Court of Appeal highest court to determine appeals for criminal matters originating from subordinate court – Application of doctrine of stare decisis – Whether principles governing Federal Court in Dalip Bhagwan Singh v. PP equally applicable to Court of Appeal – Whether later decision prevailed over earlier decision – Whether Magistrate correct in following later decision of Court of Appeal