Public Prosecutor Ching Suet Yeen

Public Prosecutor Ching Suet Yeen

Although the prosecution proved that the accused caused a bite injury to the complainant, on the balance of probabilities the bite was inflicted while the accused was gripped from behind and was an act of private defence not excessive for the purpose of defence; therefore the defence of private defence succeeded and the accused was acquitted.

Citation
BH-83-1090-06/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Complainant: Lee Hock Teong; Accused: Ching Suet Yeen
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 October 2022
Case Number
BH-83-1090-06/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment Acquitted
Outcome
Accused acquitted and discharged
Legal Topics
Assault, Causing Hurt, Private Defence, Section 326 a, Section 323
Source Language
Malay/English
Criminal Law Domestic Violence Penal Code Offences Assault Causing Hurt Private Defence Section 326 a Section 323

Case Brief

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Parties

Public Prosecutor

Prosecution

Lee Hock Teong

Complainant

Ching Suet Yeen

Accused

Procedural Posture

Criminal / Judgment Acquitted

Legal Issues

  1. 1 Whether the accused committed causing hurt under s.323/326A Penal Code
  2. 2 Whether the accused's use of force (biting) was lawful private defence
  3. 3 Whether the prosecution disproved the plea of private defence beyond reasonable doubt

Ratio Decidendi

Although the prosecution proved that the accused caused a bite injury to the complainant, on the balance of probabilities the bite was inflicted while the accused was gripped from behind and was an act of private defence not excessive for the purpose of defence; therefore the defence of private defence succeeded and the accused was acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • The accused is acquitted and discharged.