[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SIVARAJA A/L SAMBASIVAM 2. ) SAMBASIVAM VALARMATHI 3. ) HARI SANKAR A/L LACHUMANNAR 4. ) ELACHIPALAYAM RAMASAMY SELVI

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SIVARAJA A/L SAMBASIVAM 2. ) SAMBASIVAM VALARMATHI 3. ) HARI SANKAR A/L LACHUMANNAR 4. ) ELACHIPALAYAM RAMASAMY SELVI

Applying the maximum evaluation test the prosecution failed to prove essential elements of affray: medical and eyewitness evidence established fighting only between First and Third Accused while Second and Fourth did not participate; the locus was within private residential boundaries and not a public place; therefore there was no disturbance of public peace and no prima facie case to call on defence, requiring acquittal and discharge of all accused.

Citation
CG-85-8-06/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; First Accused: SIVARAJA A/L SAMBASIVAM; Second Accused: SAMBASIVAM VALARMATHI; Third Accused: HARI SANKAR A/L LACHUMANNAR; Fourth Accused: ELACHIPALAYAM RAMASAMY SELVI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 November 2023
Case Number
CG-85-8-06/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Affray (section 160 Penal Code) / End of Prosecution Case; Judgment on Acquittal and Discharge
Outcome
Accused persons acquitted and discharged.
Legal Topics
Affray, Prima Facie, Public Place, Disturbance of Public Peace, Section 159 Penal Code, Section 160 Penal Code
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Affray Prima Facie Public Place Disturbance of Public Peace Section 159 Penal Code +1 more

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Parties

PENDAKWA RAYA

Prosecution

SIVARAJA A/L SAMBASIVAM

First Accused

SAMBASIVAM VALARMATHI

Second Accused

HARI SANKAR A/L LACHUMANNAR

Third Accused

ELACHIPALAYAM RAMASAMY SELVI

Fourth Accused

Procedural Posture

Criminal Affray (section 160 Penal Code) / End of Prosecution Case; Judgment on Acquittal and Discharge

Legal Issues

  1. 1 Whether prosecution established a prima facie case under S173(f) and S180(4) CPC
  2. 2 Whether the elements of affray under S159 Penal Code were proven (two or more persons fighting, public place, disturbance of public peace)
  3. 3 Whether the place of the incident was a public place

Ratio Decidendi

Applying the maximum evaluation test the prosecution failed to prove essential elements of affray: medical and eyewitness evidence established fighting only between First and Third Accused while Second and Fourth did not participate; the locus was within private residential boundaries and not a public place; therefore there was no disturbance of public peace and no prima facie case to call on defence, requiring acquittal and discharge of all accused.

Court Disposition

Accused persons acquitted and discharged.

Orders

  • The accused persons are acquitted and discharged from the charge framed against them.