WONG YAN KE

WONG YAN KE

The court found beyond reasonable doubt that the accused intentionally displayed and chanted slogans directed at the Vice‑Chancellor during a formal convocation, that the words and manner constituted an insulting act capable of provoking the person addressed and the audience, and that the accused planned the act and thus had knowledge/intention that the provocation was likely to cause a breach of the peace; accordingly the elements of s.504 Penal Code were satisfied and conviction was appropriate, with a fine imposed after mitigation was considered.

Citation
WA-83-1671-02/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Wong Yan Ke
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 October 2023
Case Number
WA-83-1671-02/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under Section 504 Penal Code / Trial Judgment and Sentencing
Outcome
Convicted under Section 504 Penal Code
Legal Topics
Intentional Insult, Provocation to Breach of the Peace, Section 504 Penal Code, Limits of Freedom of Expression, Sentencing Principles
Source Language
Malay/English
Criminal Law Constitutional Law Freedom of Speech Intentional Insult Provocation to Breach of the Peace Section 504 Penal Code Limits of Freedom of Expression Sentencing Principles

Case Brief

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Parties

Pendakwa Raya

Prosecution

Wong Yan Ke

Defendant

Procedural Posture

Criminal Offence Under Section 504 Penal Code / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the defendant's words and conduct amounted to an intentional insult under s.504 Penal Code
  2. 2 Whether the insult gave provocation to the person insulted
  3. 3 Whether the defendant intended or knew the provocation was likely to cause a breach of the public peace or other offence

Ratio Decidendi

The court found beyond reasonable doubt that the accused intentionally displayed and chanted slogans directed at the Vice‑Chancellor during a formal convocation, that the words and manner constituted an insulting act capable of provoking the person addressed and the audience, and that the accused planned the act and thus had knowledge/intention that the provocation was likely to cause a breach of the peace; accordingly the elements of s.504 Penal Code were satisfied and conviction was appropriate, with a fine imposed after mitigation was considered.

Court Disposition

Convicted under Section 504 Penal Code

Orders

  • Defendant convicted of offence under Section 504 Penal Code (intentional insult with intent to provoke breach of the peace)
  • Fine of RM5000 imposed