1. ) NG CHEE KONG 2. ) LEE KEE SIN

1. ) NG CHEE KONG 2. ) LEE KEE SIN

Both accused pleaded guilty to causing hurt with sharp weapons in a public place; mitigation was insufficient to outweigh public interest and aggravating features (use of two blades, premeditation, public alarm); guilty pleas did not justify non-custodial disposal; appropriate sentence is 24 months imprisonment from date of arrest for each accused to mark deterrence and public protection.

Citation
JI-83-62-02/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWARAYA; Accused: NG CHEE KONG; Accused: LEE KEE SIN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 February 2022
Case Number
JI-83-62-02/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Assault Causing Hurt With Weapon (s324 Read With S34) / Sentencing
Outcome
Both accused convicted and sentenced to imprisonment.
Legal Topics
Section 324 Penal Code, Section 34 Penal Code, Use of Deadly/sharp Weapon in Public, Guilty Plea Mitigation, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Offences Against the Person Sentencing Section 324 Penal Code Section 34 Penal Code Use of Deadly/sharp Weapon in Public Guilty Plea Mitigation Public Interest and Deterrence

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Parties

PENDAKWARAYA

Prosecution

NG CHEE KONG

Accused

LEE KEE SIN

Accused

Procedural Posture

Criminal Assault Causing Hurt With Weapon (s324 Read With S34) / Sentencing

Legal Issues

  1. 1 Whether the accused are guilty under section 324 read with section 34 of the Penal Code
  2. 2 Appropriate sentence balancing public interest, deterrence, mitigation and credit for guilty plea
  3. 3 Aggravation by use of sharp weapons in a public place and viral nature of incident

Ratio Decidendi

Both accused pleaded guilty to causing hurt with sharp weapons in a public place; mitigation was insufficient to outweigh public interest and aggravating features (use of two blades, premeditation, public alarm); guilty pleas did not justify non-custodial disposal; appropriate sentence is 24 months imprisonment from date of arrest for each accused to mark deterrence and public protection.

Court Disposition

Both accused convicted and sentenced to imprisonment.

Orders

  • Each accused is sentenced to 24 months imprisonment from date of arrest (Ng Chee Kong and Lee Kee Sin).