1. ) Ten Kok Weng 2. ) Pendakwaraya 1. ) Pendakwaraya 2. ) Ten Kok Weng

1. ) Ten Kok Weng 2. ) Pendakwaraya 1. ) Pendakwaraya 2. ) Ten Kok Weng

The charge under section 186 was defective because it omitted the essential mens rea element of voluntariness; a charge that fails to allege every ingredient of the offence does not disclose an offence and conviction and sentence must be quashed and the accused acquitted.

Citation
WA-41S-19-11/2019 dan WA-41H-54-11/2019 (Mahkamah Tinggi)
Parties
Appellant/accused: Ten Kok Weng; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 December 2020
Case Number
WA-41S-19-11/2019 dan WA-41H-54-11/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal to High Court Judgment
Outcome
Conviction and sentence quashed; accused acquitted and discharged. Prosecution's appeal against sentence dismissed.
Legal Topics
Section 186 Penal Code, Charge Defectiveness, Mens Rea, Obstruction of Public Servant, Elements of Offence
Source Language
Malay/English
Criminal Law Procedural Law Penal Code Section 186 Penal Code Charge Defectiveness Mens Rea Obstruction of Public Servant Elements of Offence

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Parties

Ten Kok Weng

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appeal to High Court Judgment

Legal Issues

  1. 1 Whether the charge under section 186 Penal Code is defective for failing to allege voluntariness/mens rea and therefore fails to disclose an offence

Ratio Decidendi

The charge under section 186 was defective because it omitted the essential mens rea element of voluntariness; a charge that fails to allege every ingredient of the offence does not disclose an offence and conviction and sentence must be quashed and the accused acquitted.

Court Disposition

Conviction and sentence quashed; accused acquitted and discharged. Prosecution's appeal against sentence dismissed.

Orders

  • Sabitan dan hukuman diketepikan; tertuduh dilepaskan dan dibebaskan
  • Rayuan oleh tertuduh diterima