[Timbalan (TPR), Jabatan Peguam Negara] 1. ) GOH SAY AIK 2. ) LEONG AH KOW @ LEONG CHEW YEEM 3. ) YONG LOONG SANG 4. ) CHEONG SAI KOW 5. ) CHIP TONG SANG 6. ) CHIP MENG SUNG 7. ) WONG KENG YAU 8. ) KONG TECK FOOK

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) GOH SAY AIK 2. ) LEONG AH KOW @ LEONG CHEW YEEM 3. ) YONG LOONG SANG 4. ) CHEONG SAI KOW 5. ) CHIP TONG SANG 6. ) CHIP MENG SUNG 7. ) WONG KENG YAU 8. ) KONG TECK FOOK

The prosecution failed to prove a prima facie case under s.143 read with s.141 because it did not establish that five or more persons were identifiable as members of an unlawful assembly, failed to prove a shared common object among the accused, and failed to show that the assembly opposed execution of any law or legal process; therefore the accused were acquitted and discharged at the close of the prosecution's case.

Citation
CJ-83-27-02/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Goh Say Aik; Accused: Leong Ah Kow @ Leong Chew Yeem; Accused: Yong Loong Sang; Accused: Cheong Sai Kow; Accused: Chip Tong Sang; Accused: Chip Meng Sung; Accused: Wong Keng Yau; Accused: Kong Teck Fook
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
1 June 2022
Case Number
CJ-83-27-02/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Unlawful Assembly (penal Code) / End of Prosecution's Case (prima Facie Determination)
Outcome
Accused acquitted and discharged at the close of the prosecution's case; not called upon to enter defence.
Legal Topics
Unlawful Assembly, Prima Facie Burden, Identification Evidence, Right to Peaceful Assembly, Distinction Between Policy and Law
Source Language
Malay/English
Criminal Law Constitutional Law Evidence Law Unlawful Assembly Prima Facie Burden Identification Evidence Right to Peaceful Assembly Distinction Between Policy and Law

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Parties

Pendakwa Raya

Prosecution

Goh Say Aik

Accused

Leong Ah Kow @ Leong Chew Yeem

Accused

Yong Loong Sang

Accused

Cheong Sai Kow

Accused

Chip Tong Sang

Accused

Chip Meng Sung

Accused

Wong Keng Yau

Accused

Kong Teck Fook

Accused

Procedural Posture

Criminal Unlawful Assembly (penal Code) / End of Prosecution's Case (prima Facie Determination)

Legal Issues

  1. 1 Whether prosecution established prima facie case under s.143 read with s.141 Penal Code
  2. 2 Whether five or more persons were identifiable as members of the alleged unlawful assembly
  3. 3 Whether the accused shared a common object in the assembly

Ratio Decidendi

The prosecution failed to prove a prima facie case under s.143 read with s.141 because it did not establish that five or more persons were identifiable as members of an unlawful assembly, failed to prove a shared common object among the accused, and failed to show that the assembly opposed execution of any law or legal process; therefore the accused were acquitted and discharged at the close of the prosecution's case.

Court Disposition

Accused acquitted and discharged at the close of the prosecution's case; not called upon to enter defence.

Orders

  • Tertuduh dilepas dan dibebaskan daripada pertuduhan di akhir kes pendakwaan
  • Wang jaminan dikembalikan kepada tertuduh-tertuduh