[Jabatan Peguam Negara] WAN MUHAMMAD AZRI BIN WAN DERIS

[Jabatan Peguam Negara] WAN MUHAMMAD AZRI BIN WAN DERIS

The court found that the utterance 'ko bodoh' did not meet the threshold of insulting modesty under s.509 but did constitute an indecent/insulting utterance punishable under s.14 of the Minor Offences Act 1955; on the s.323 charge the prosecution proved beyond a reasonable doubt that the accused voluntarily caused hurt (soft tissue injury corroborated by witness complaints and medical evidence). The accused was therefore convicted on the amended s.14 charge and on s.323 Penal Code and sentenced accordingly.

Citation
BH-83-200-02/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Wan Muhammad Azri bin Wan Deris; Complainant: Syed Saddiq bin Syed Abdul Rahman
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 September 2023
Case Number
BH-83-200-02/2019 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment
Outcome
Accused convicted on amended charge under s.14 Minor Offences Act 1955 and guilty under s.323 Penal Code; sentenced to fines with default imprisonment
Legal Topics
Insulting Modesty (s.509 Penal Code), Causing Hurt (s.323 Penal Code), Minor Offences (s.14 Minor Offences Act 1955), Admissibility of Secondary Documents (s.65 Evidence Act), Effect of Omissions in Police Report, Prima Facie and Burden of Proof
Source Language
Malay/English
Criminal Law Evidence Electoral Law Insulting Modesty (s.509 Penal Code) Causing Hurt (s.323 Penal Code) Minor Offences (s.14 Minor Offences Act 1955) Admissibility of Secondary Documents (s.65 Evidence Act) Effect of Omissions in Police Report +1 more

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Parties

Pendakwa Raya

Prosecution

Wan Muhammad Azri bin Wan Deris

Accused

Syed Saddiq bin Syed Abdul Rahman

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the words uttered ('ko bodoh') amounted to insulting the modesty under s.509 Penal Code
  2. 2 Whether, alternatively, the utterance constituted an offence under s.14 Minor Offences Act 1955
  3. 3 Whether the accused voluntarily caused hurt under s.323 Penal Code

Ratio Decidendi

The court found that the utterance 'ko bodoh' did not meet the threshold of insulting modesty under s.509 but did constitute an indecent/insulting utterance punishable under s.14 of the Minor Offences Act 1955; on the s.323 charge the prosecution proved beyond a reasonable doubt that the accused voluntarily caused hurt (soft tissue injury corroborated by witness complaints and medical evidence). The accused was therefore convicted on the amended s.14 charge and on s.323 Penal Code and sentenced accordingly.

Court Disposition

Accused convicted on amended charge under s.14 Minor Offences Act 1955 and guilty under s.323 Penal Code; sentenced to fines with default imprisonment

Orders

  • Charge under s.509 Penal Code amended to s.14 Minor Offences Act 1955 for uttering insulting words
  • Sentence for s.14 Minor Offences Act 1955: fine RM100.00 in default one day imprisonment