3 components section 163 of the CPC: Duplicity in a charge can occur in the following

(1)an offence should be the subject of a forms:

separate charge; (a)framing the offence in the alternative forms;
(2)every charge is to be separately tried; (b)incorporating two distinct offences;
and (c)the duplicity is latent and becomes evident
(3)every offender is to be tried separately. on the adducing of evidence.

Teck Hock v Public Prosecutor

Offences in the Alternative
“‘knowingly concerned in
conveying or dealing in
unaccustomed goods”
Two Distinct Offences
… committed an
offence punishable
under section 392 and
397 of the Penal Code’,
was held bad for
duplicity …
Exceptions to Rule
Rule against duplicity against Duplicity
(1)the offences are
• Section 163 of the CPC those of criminal
breach of trust or
criminal
Latent Duplicity misappropriation s
indicated the commission of 153(2) ;
only one offence but more than (2)the offence is
one offence is disclosed to have under section 193 of
been committed when evidence the Penal Code
is adduced.
Chinnah & Anor v Public
1
Prosecutor
 Offences of Same Kind (1)they are punishable
Curing for omissions and defects in a charge: accused person may be charged and with the same amount
• (1) section 156; tried at one trial for not more than of punishment under
• (2) section 422. three offences (Public Prosecutor v the same section of
Lim Swee Chan [1968] 2 MLJ 169) of the Penal Code.
the same kind committed in the (2)they are offences
Joinder of Charges space of 12 months from the first to punishable under
second component to section 163 of the CPC states the last of such offences sections 379, 380,
that every charge shall be tried separately 382, 392, 393, 394,
395, 396, or 397 of
R v Sakandar Khan the Penal Code.
Jayaraman & Ors v Public Prosecutor (3)they are an offence
Lim Yean Leong v Public Prosecutor Rule against duplicity under any section of
the Penal Code or of
• Section 163 of the any other law and an
CPC attempt to commit
Exceptions to joinder of charges any such offence
(1)offences committed are of the same kind when such an attempt
(CPC section 164); is an offence.
(2)offences are committed in the course of the same transaction
same transaction (CPC section 165(1)); (1)there is one accused person;
(3)acts committed constitute an offence falling (2)the offences are committed in
within two or more separate definitions of the a series of acts and the acts are
law (CPC section 165(2)); so connected as to form one
(4)several acts which, when combined, transaction;
constitute a different offence (CPC (3)there is more than one
section 165(3)). offence committed.
(5)there is doubt which of several offences have Public Prosecutor v Md Alim bin
been committed (CPC section 166). Samad

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 Joint Trials
3 situations:
(1)when more persons than one are accused of the same
Offence Falling under Different Definitions offence or of different offences committed in the same
(Public Prosecutor v Ridzuan Kok bin Abdullah [1995] transaction (CPC section 170(1));
(2)when one person is accused of committing one offence and
2 MLJ 745 at 750). another of abetment or attempt to commit the same offence
(CPC section 170(1)).
(3)persons accused of offences relating to property and
Acts by Itself or Themselves persons accused of receiving, retaining, assisting in the
Constitute another Offence disposal or concealment of such property (CPC
section 170(2)).

Alternative Charges (doubt)

Section 166 means what it
says, namely that it is
doubtful what facts can be
proved.
R v Tay Thye Joo
Offences Committed in Same
Transaction
there should be proximity of
time, unity or proximity of place,
continuity of action and
continuity of purpose or design
Amrita Lal Hazra v Emperor
Public Prosecutor v Nagathevan
a/l Manoharan & Ors
Saw Chiang Guan & Ors v Public
Prosecutor
Rule against duplicity
• Section 163 of the
CPC
Joint Charge Invoking Common
Intention
Then the prosecution must rely
on common intention and must
charge all of them with murder
read with section 34 of the Penal
Code
Chong Chee Pak v Public
Prosecutor
Tan Cheng Kooi & Anor v Public
Prosecutor
Joint Charge
more than one person is being
charged and that within certain
rules of practice or convenience,
it is permissible for the two
persons to be named in one
count.
Deputy Public Prosecutor v
Merriman
Public Prosecutor v Muhamad
Nasir bin Shaharuddin
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 Time to Amend
The court’s jurisdiction to interfere with a charge and
3 provisions : frame or amend a charge only comes into effect after
the necessary evidence or facts have been adduced
(1)Section 173(b) of the CPC, which
before it.A safer and better course would be to follow
allows a charge to be amended at the
the provision of section 173(h)(i)(j) of the CPC with
stage when it is read and explained.
alteration or additions made only at the close of the
(2)Section 173(h) of the CPC, where case for the prosecution
the court finds that a prima facie case Khoo Chee Keong v Public Prosecutor
has been made out against the Prosecutor v Tan Kim Kang & Ors [1962]
accused on an offence other than the
offence charged.
(3)Section 158 of the CPC, where the
court may alter or add to any charge
at any time before judgment is
pronounced.
Amendment to
Charges

procedures that have to be complied with when

amendments are made in the course of a trial to
the charge:
(a)read and explain the charge;
(b)call on the accused to plead to the amended
charge;
(c)allow the recall of a witness.
Section 158 of the CPC empowers the court to
alter or add to a charge at any stage before
judgment but it is at the close of the prosecution
case that the court is in the best position to
decide exactly what is the case the accused is
required to meet (Lew Cheok Hin v R [1956] MLJ
131 at 133).
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