VICNESVARAN A/L MUNIANDY

VICNESVARAN A/L MUNIANDY

Court held prosecution proved all essential elements of Section 148: five or more persons assembled; assembly was unlawful with a common object to fight and commit other offences (including property damage); accused was a member of the assembly; violence was used; and accused possessed a weapon (knife). The omission of explicit statement of common object in the charge did not render it defective for this offence. Eyewitness evidence (SP3) and corroborating exhibits satisfied the court beyond reasonable doubt, so accused was convicted.

Citation
MA-83-1207-09/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: VICNESWARAN A/L MUNIANDY
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 July 2023
Case Number
MA-83-1207-09/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial Judgment and Sentencing
Outcome
Convicted under Section 148 of the Penal Code
Legal Topics
Riot (section 148), Unlawful Assembly (section 141), Prima Facie Standard, Burden of Proof Beyond Reasonable Doubt, Sentencing and Mitigation
Source Language
Malay/English
Criminal Law Criminal Procedure Penal Code Riot (section 148) Unlawful Assembly (section 141) Prima Facie Standard Burden of Proof Beyond Reasonable Doubt Sentencing and Mitigation

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

VICNESWARAN A/L MUNIANDY

Defendant

Procedural Posture

Criminal / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case under Section 148 Penal Code
  2. 2 Whether the charge was defective for not specifying the common object under Section 141
  3. 3 Whether mens rea or common object must be pleaded in the charge for Section 148

Ratio Decidendi

Court held prosecution proved all essential elements of Section 148: five or more persons assembled; assembly was unlawful with a common object to fight and commit other offences (including property damage); accused was a member of the assembly; violence was used; and accused possessed a weapon (knife). The omission of explicit statement of common object in the charge did not render it defective for this offence. Eyewitness evidence (SP3) and corroborating exhibits satisfied the court beyond reasonable doubt, so accused was convicted.

Court Disposition

Convicted under Section 148 of the Penal Code

Orders

  • Fine RM5,000, in default 12 months imprisonment
  • Fine paid by the accused