FONG KEONG HENG

FONG KEONG HENG

Court convicted under section 193 Penal Code because prosecution proved beyond reasonable doubt that accused made two irreconcilable sworn statements (Lampiran A and B) such that both could not be true, the amendment of charge and recall of witness were lawful under s158, s162 and s425 CPC and the accused's explanations were found to be bare denial and afterthought.

Citation
WA-83-1923-03/2020 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Accused: FONG KEONG HENG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 April 2024
Case Number
WA-83-1923-03/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Summary Trial / Sentencing; Appeal Pending (stay Granted)
Outcome
Accused convicted under section 193 Penal Code; sentence imposed with stay pending appeal
Legal Topics
Perjury (false Evidence), Amendment of Charge, Recall of Witnesses, Order of Evidence, Sentencing and Mitigation
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Law Perjury (false Evidence) Amendment of Charge Recall of Witnesses Order of Evidence Sentencing and Mitigation

Case Brief

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Parties

PENDAKWARAYA

Prosecutor

FONG KEONG HENG

Accused

Procedural Posture

Criminal Summary Trial / Sentencing; Appeal Pending (stay Granted)

Legal Issues

  1. 1 Whether prosecution proved beyond reasonable doubt that accused gave false sworn statements
  2. 2 Whether amendment of charge at end of prosecution was lawful and prejudicial
  3. 3 Whether recall of prosecution witness under s162/s425 CPC was required and properly limited

Ratio Decidendi

Court convicted under section 193 Penal Code because prosecution proved beyond reasonable doubt that accused made two irreconcilable sworn statements (Lampiran A and B) such that both could not be true, the amendment of charge and recall of witness were lawful under s158, s162 and s425 CPC and the accused's explanations were found to be bare denial and afterthought.

Court Disposition

Accused convicted under section 193 Penal Code; sentence imposed with stay pending appeal

Orders

  • Convicted under section 193 Penal Code.
  • Sentenced to 7 days imprisonment from date of conviction.