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Laws of Malaysia
Act 593
Plea of previous acquittal or conviction
303. (1) The plea of a previous acquittal or conviction may be
pleaded either orally or in writing, and may be in the following
form or to the following effect—
The defendant says that by virtue of section 302 of the Criminal
Procedure Code he is not liable to be tried.
(2) Such plea may be pleaded together with any other plea,
but the issue raised by the plea shall be tried and disposed of
before the issues raised by the other pleas are tried.
(3) On the trial in the High Court of an issue on a plea of a
previous acquittal or conviction the depositions transmitted to the
Court on the former trial, together with the notes of the Judge
if available, and the depositions transmitted to the Court on the
subsequent charge, shall be admissible in evidence to prove or
disprove the identity of the charges.
Part VII
APPEAL AND REVISION
Chapter XXX
APPEALS TO THE HIGH COURT
Appeals from Sessions Courts
303a. Any reference in this Chapter to a Magistrate and a
Magistrate’s Court shall be deemed to include a reference to a
Sessions Court Judge, or a Sessions Court, as the case may be;
and the expressions “Magistrate” and “Magistrate’s Court” shall
be construed accordingly.
Cases in which no appeal lies
304. No appeal shall lie from a judgment, sentence or order of a
Magistrate in the case of any offence punishable with fine only
not exceeding twenty-five ringgit.
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