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← Courts of Judicature Act 1964

Courts of Judicature Act 1964 s 89

Courts of Judicature Act 1964 s 89

Sections 45–49 and 65–66 were repealed by later amendments.

s 89 Appeal not to operate as stay of execution

(1) Except in the cases mentioned in subsection (3) and section 88, no appeal shall operate as a stay of execution on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or nonperformance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction, or sentence as to the Court may seem reasonable. (2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Federal Court otherwise orders. (3) In the case of a conviction involving sentence of death or corporal punishment— (a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given or any extension of time which may be permitted; and (b) if notice is so given the sentence shall not be executed until after the determination of the appeal.

Read this section in the full act → · Open Part III →

Find Act 91 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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