CHIN YAP YEAT @ CHIN NAM SEUN

CHIN YAP YEAT @ CHIN NAM SEUN

The court found the prosecution proved beyond reasonable doubt that the accused voluntarily caused grievous hurt to the elderly victim and that the use of a plastic chair did not attract the special weapon provision of section 324; the accused's self‑defence claim was rejected as fabricated, warranting conviction under section 325 Penal Code and sentencing to imprisonment and fine.

Citation
62-23-02/2017 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Chin Yap Yeat @ Chin Nam Seun
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 June 2020
Case Number
62-23-02/2017 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing (appeal Filed)
Outcome
Accused convicted under section 325 Penal Code; sentenced to 2 years imprisonment and fined RM10,000, default 6 months imprisonment. Execution of sentence of imprisonment was ordered suspended on conditions of bail at time of sentencing.
Legal Topics
Grievous Hurt, Voluntarily Causing Grievous Hurt, Use of Weapon, Self Defence, Evidence and Burden of Proof, Sections 320, 324, 325 Penal Code
Source Language
Malay/English
Criminal Law Assault and Battery Sentencing Grievous Hurt Voluntarily Causing Grievous Hurt Use of Weapon Self Defence Evidence and Burden of Proof +1 more

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Parties

Pendakwa Raya

Prosecution

Chin Yap Yeat @ Chin Nam Seun

Accused

Procedural Posture

Criminal / Conviction and Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether the accused voluntarily caused grievous hurt under section 325 Penal Code
  2. 2 Whether the instrument used (plastic chair) falls within the ambit of section 324 Penal Code
  3. 3 Whether the accused's claim of self-defence negates criminal liability

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt that the accused voluntarily caused grievous hurt to the elderly victim and that the use of a plastic chair did not attract the special weapon provision of section 324; the accused's self‑defence claim was rejected as fabricated, warranting conviction under section 325 Penal Code and sentencing to imprisonment and fine.

Court Disposition

Accused convicted under section 325 Penal Code; sentenced to 2 years imprisonment and fined RM10,000, default 6 months imprisonment. Execution of sentence of imprisonment was ordered suspended on conditions of bail at time of sentencing.

Orders

  • Accused found guilty and convicted under section 325 Penal Code
  • Sentence: imprisonment for 2 years from date of judgment