D

Abdul Wahab v PP

Introduction

  • Cases can be transferred between courts based on the CPC.

    • Lateral transfer: to a court of similar power but different local jurisdiction.

    • Vertical transfer: to a court of different powers but the same local jurisdiction.

  • A Magistrate can transfer a case to a higher court if the sentence power is inadequate before accepting a guilty plea, as per section 177 of the CPC.

  • Section 88 of the SCA 1948: A Second Class Magistrate must adjourn the case for trial by a First Class Magistrate.

  • Abdul Wahab V Public Prosecutor [1970] 2 MLJ 203: Concerns house-breaking and theft under section 457 of the Penal Code.

Facts of the Case

  • Abdul Wahab was convicted of house-breaking to commit theft under section 457 of the Penal Code, climbing over a back wall and stealing items worth 1,415.

  • He had twelve prior convictions and was previously under police supervision.

Judgement

  • The court initially sentenced Wahab to two years' imprisonment, six rattan strokes, and twelve months' police supervision.

  • The court held that the Magistrate should have acted under section 87 (2) of the Courts Ordinance, giving a First Class Magistrate power to award the full punishment authorized by law.

  • The judge set aside the Magistrate's order and replaced it with a sentence of ten years' imprisonment, six rattan strokes, and twelve months' police supervision.

Principle Applied

  • The Court of Appeal stated that the magistrate should have used the authority under Section 87(2) of the Ordinance because the accused had previous convictions.

  • Section 177 of the Federated Malay States CPC states that the Magistrate needs to transfer the case to a higher jurisdiction if required.

  • The judge opined that the mistake was in the term of punishment, not during the trial; transfer isn't needed if the defence stage is reached.

Analysis and Opinions

  • Wahab complained about the sentence but had many previous convictions for house-breaking and theft.

  • The Magistrate referred to old statutes, sections 87(1) and (2) of Courts Ordinance and section 177 of the F.M.S CPC.

  • The judge commented that the Magistrate should have ordered the convictions following the provision in section 87(2) of the Courts Ordinance instead of subsection (1).

  • Section 177 confers the power for a Magistrate to transfer the case to a court of higher jurisdiction.

  • New statute amendment explaining the jurisdiction of the lower court under the SCA 1948 states that the First Class Magistrate has jurisdiction to try offences of robbery and house-breaking.

Conclusion

  • Transfer of cases must follow procedure.

  • According to section 177 of the Federated Malay States CPC, the court can transfer a case to a higher court, but the Magistrate needs to consider jurisdiction.

  • The Magistrate should use power according to the correct provision.

  • Principles from Abdul Wahab