Professional Documents
Culture Documents
Factors which court may consider whether accused may be released on bail for nonbailable offences
Wee Swee Siang case - 9 factors:
a) Whether there are reasonable grounds to believe the accused is guilty
b) Nature and gravity of offence
c) Severity and degree of punishement that might follow
d) Danger of accused absconding if granted bail
Ho Huan Chong: drug possession- Held: wrong for prosecution to state gross weight
of drugs as it had no been determined by chemist
Leong Siew Hoong: charged with drug trafficking and gross weight of heroin was
stated. Accused relied on Ho Huan Chong. Held: disagreed and pointed out that the
offence of drug trafficking and drug possession are different. PP has discretion to
decide which charge which then determines the question of bail. It is not the amount
of drugs but the offence the accused was charged with.
Illamaran: charged under s 39B DDAfor trafficking 261 gm cannabis- relied on Ho
Huan Chong. Held: s 41(1)(a) DDA operates as accused was charged under s 39B
and hence it is unbailable. The mere prospect of a lesser weight does nt entitle the
accused bail and the prosecution is under no duty to prove actual weight of the drug
at the charging stage.
Chew Siew Luan: accused pregnant charged with drug trafficking which is an
unbailable offence: Federal court: s41B DDA is a specific legislation and thus
supercedes s 388
BAIL PENDING APPEAL
Ment:
a) S 315 shows parliament's intention that the grant of bail is the rule and
committal to prison without bail is an exception
b) Discretion in favour of prosecution is exercised sparingly and only if there are
special circs
c) Bail amount must be realistic
d) The mere fact that prosecution has submitted an appeal does not itself constitute
special circs
e) It is desirable to order an early hearing of appeal.
APPEALS AGAINST BAIL DECISIONS
Appeals may be made under:
1) S 394 CPC by petition by prosecution to cancel bail (Sulaiman)
file notice of appeal --> wait for ct's grounds of decisions--> file petition of appeal
2) S 389 CPC by motion usually by the accused to grant or vary bail
By way of motion supported by affidavit (Sulaiman)
Low Chit Bah: bail of $1m in 2 sureties not excessive as the case involved $3.9m,
accused previously travelled on forged passport; and flight risk.
BAILORS
s 390 Bond to be executed
S 391 Person to be released
S 392 when warrant of arrest may be issued against person bailed
S 393 Sureties may apply to hv bond discharged
Mohan: A bailor does not hv locus standi under s 394 to reduce bond
Lee Eng Hoe: proposed bailor has locus standi under s 389 for an amount of bail
being reduced.
FORFEITURE OF BONDS
S 403 Deposit instead of bond
S 404 Procedure on forfeiture of bond
Show cause procedure: s 404(1) Khor Ewe Suan:
a) Prosecution must first prove that the bailors (sureties) executed the bail
bond. The bail bond must be produced and proved by calling the registrar,
magistrate or president who granted bail.
b) Then the sureties must be given the opportunity to cross-examine all
witnesses. The sureties should also be allowed to give evidence and call
witnesses to explain why ct should not forfeit bail sum
Forfeiture of bonds to be paid in full and not by instalments (Ramlee)
When is sufficient cause shown
Ahmad bin Khasiran: hearing dates not mentioned in bond but notice of hearing
issued- no sufficient cause
Ramlee: surety showed sufficient cause as he had taken steps to ensure
attendance of the accused
Valliamai: surety attended ct several times to get herself discharged as surety but
was not given the opportunity. Sufficient cause.
Yap Kin Kok: going overseas not sufficient cause