GOH SAI TING

GOH SAI TING

The prosecution proved all elements of affray under Section 160 beyond reasonable doubt by credible witness testimony corroborated by exhibits and CCTV; the accused's defence was a mere denial/afterthought contradicted by the CCTV and failed to raise reasonable doubt, therefore conviction and sentence were justified.

Citation
NA-85-124-05/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: GOH SAI TING
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 August 2024
Case Number
NA-85-124-05/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Appeal / Post Conviction Appeal Against Conviction and Sentence
Outcome
Conviction and sentence upheld; appeal dismissed
Legal Topics
Affray, Section 160 Penal Code, Burden of Proof, Prima Facie Evaluation, Sentencing
Source Language
Malay/English
Criminal Law Affray Section 160 Penal Code Burden of Proof Prima Facie Evaluation Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

GOH SAI TING

Accused

Procedural Posture

Criminal Appeal / Post Conviction Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the prosecution proved affray under Section 160 Penal Code beyond reasonable doubt
  2. 2 Whether each element of affray was established: fight between two or more, physical fighting, public place, disturbance of public peace
  3. 3 Whether the defence raised a reasonable doubt

Ratio Decidendi

The prosecution proved all elements of affray under Section 160 beyond reasonable doubt by credible witness testimony corroborated by exhibits and CCTV; the accused's defence was a mere denial/afterthought contradicted by the CCTV and failed to raise reasonable doubt, therefore conviction and sentence were justified.

Court Disposition

Conviction and sentence upheld; appeal dismissed

Orders

  • Appeal dismissed
  • Accused convicted under Section 160 Penal Code (affray)