1. ) TAI KUANG TEE 2. ) SIM MING HOOI 3. ) TAI KUANG LEE

1. ) TAI KUANG TEE 2. ) SIM MING HOOI 3. ) TAI KUANG LEE

After maximum evaluation the prosecution proved beyond reasonable doubt the elements of affray under Section 160 (physical fighting involving accused and others at the front of a motorcycle workshop in a public place that disturbed public peace); the defence of self-defence failed to raise a reasonable doubt; the charge and particulars were not defective; accused convicted and sentenced to fine RM1,000 or 2 months imprisonment.

Citation
KB-85-29-06/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused (sp2): TAI KUANG TEE; Accused (oks Tried): SIM MING HOOI; Accused (sp3): TAI KUANG LEE
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 December 2025
Case Number
KB-85-29-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Affray (section 160 Penal Code) / Judgment and Sentencing (post Trial)
Outcome
Accused (Sim Ming Hooi) convicted of affray under Section 160 Penal Code.
Legal Topics
Affray, Prima Facie, Self Defence, Charge Particulars, Sentencing
Source Language
Malay/English
Criminal Law Public Order Evidence Procedure Affray Prima Facie Self Defence Charge Particulars +1 more

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Parties

PENDAKWA RAYA

Prosecutor

TAI KUANG TEE

Accused (sp2)

SIM MING HOOI

Accused (oks Tried)

TAI KUANG LEE

Accused (sp3)

Procedural Posture

Criminal Affray (section 160 Penal Code) / Judgment and Sentencing (post Trial)

Legal Issues

  1. 1 Whether prosecution established a prima facie case against the accused
  2. 2 Whether elements of affray (physical fighting, public place, disturbance of public peace) were proven
  3. 3 Whether accused's plea of self-defence raised a reasonable doubt

Ratio Decidendi

After maximum evaluation the prosecution proved beyond reasonable doubt the elements of affray under Section 160 (physical fighting involving accused and others at the front of a motorcycle workshop in a public place that disturbed public peace); the defence of self-defence failed to raise a reasonable doubt; the charge and particulars were not defective; accused convicted and sentenced to fine RM1,000 or 2 months imprisonment.

Court Disposition

Accused (Sim Ming Hooi) convicted of affray under Section 160 Penal Code.

Orders

  • Accused convicted under Section 160 Penal Code.
  • Sentence: Fine RM1000; in default of payment, imprisonment for 2 months.