PENDAKWARAYA Timbalan Chow Hai Guan

PENDAKWARAYA Timbalan Chow Hai Guan

Accused validly pleaded guilty to three offences (s.186 Penal Code; s.14 Minor Offences Act 1955; s.90 Police Act 1967). Given the deliberate and aggressive conduct throughout (failure to stop, abusive language, provoking while handcuffed, kicking and shouting in police station) and public interest in deterring obstruction and abuse of public servants, custodial sentences were justified. Sentences: 4 months imprisonment under s.186 and 1 month under s.90 to run concurrently from date of arrest; RM100 fine under s.14 (14 days default). Application to suspend execution pending appeal refused because no special circumstances warranting stay.

Citation
BH83-1928-12/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Chow Hai Guan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 December 2020
Case Number
BH83-1928-12/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing; Application for Stay Pending Appeal Refused
Outcome
Accused convicted on all counts and sentenced; application to suspend execution of sentence pending appeal refused.
Legal Topics
Obstruction of Public Servant, Insulting Police, Disorderly Conduct in Police Station, Sentencing Principles, Stay of Execution Pending Appeal
Source Language
Malay/English
Criminal Law Police Law Criminal Procedure Obstruction of Public Servant Insulting Police Disorderly Conduct in Police Station Sentencing Principles Stay of Execution Pending Appeal

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Chow Hai Guan

Accused

Procedural Posture

Criminal / Conviction and Sentencing; Application for Stay Pending Appeal Refused

Legal Issues

  1. 1 Whether the guilty plea was valid and understood
  2. 2 Appropriate sentence for obstruction of public servant and disorderly conduct by a first offender
  3. 3 Whether to grant a stay of execution pending appeal under s.311 CPC

Ratio Decidendi

Accused validly pleaded guilty to three offences (s.186 Penal Code; s.14 Minor Offences Act 1955; s.90 Police Act 1967). Given the deliberate and aggressive conduct throughout (failure to stop, abusive language, provoking while handcuffed, kicking and shouting in police station) and public interest in deterring obstruction and abuse of public servants, custodial sentences were justified. Sentences: 4 months imprisonment under s.186 and 1 month under s.90 to run concurrently from date of arrest; RM100 fine under s.14 (14 days default). Application to suspend execution pending appeal refused because no special circumstances warranting stay.

Court Disposition

Accused convicted on all counts and sentenced; application to suspend execution of sentence pending appeal refused.

Orders

  • Count 1 (s.186 Penal Code): 4 months imprisonment.
  • Count 2 (s.14 Minor Offences Act 1955): fine RM100; in default 14 days imprisonment.