1. ) SEE CHOON YONG @ KHOH RI LING 2. ) TAN KOK BOON

1. ) SEE CHOON YONG @ KHOH RI LING 2. ) TAN KOK BOON

After full re-evaluation of prosecution and defence evidence including video, medical reports and eyewitness testimony the court found the defence raised reasonable doubt that the accused participated in a bilateral fight; prosecution failed to prove all elements of affray beyond reasonable doubt; accused acquitted and bail returned.

Citation
JJ-85-60-10/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: See Choon Yong @ Khoh Ri Ling
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 September 2025
Case Number
JJ-85-60-10/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment (after Defence Evidence)
Outcome
Accused acquitted and discharged
Legal Topics
Affray, Prima Facie, Burden of Proof, Public Place, Disturbing Public Peace, Witness Credibility, Video Evidence
Source Language
Malay/English
Criminal Law Criminal Procedure Affray Prima Facie Burden of Proof Public Place Disturbing Public Peace Witness Credibility +1 more

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Parties

Pendakwa Raya

Prosecution

See Choon Yong @ Khoh Ri Ling

Accused

Procedural Posture

Criminal / Judgment (after Defence Evidence)

Legal Issues

  1. 1 Whether elements of affray under Section 159/160 Penal Code were proven
  2. 2 Whether prosecution established a prima facie case at the close of its case
  3. 3 Whether defence raised reasonable doubt at the close of defence evidence

Ratio Decidendi

After full re-evaluation of prosecution and defence evidence including video, medical reports and eyewitness testimony the court found the defence raised reasonable doubt that the accused participated in a bilateral fight; prosecution failed to prove all elements of affray beyond reasonable doubt; accused acquitted and bail returned.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused released and acquitted of the charge
  • Return bail deposit of RM1,000 to accused