Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Assault on public servant

  • 30 Oct 2024

    MOHAMAD NIZAM BIN ABD MUTTALIB

    Citation
    MA-62-80-11/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    MA-62-80-11/2022 (Mahkamah Sesyen)

    The eyewitness evidence of SP1 and SP2 was credible and unrebutted; physical damage to vehicles and photographs corroborated their account; the kerambit found in the accused's vehicle was properly connected to events that began on a public road; the accused's explanations were bare denials and inconsistent and failed to raise reasonable doubt; therefore prosecution proved a prima facie case and the accused is guilty on all three counts.

  • 8 Sept 2022

    MOHAMAD ALIF SYAZWAN BIN ROSLAN

    Citation
    WA-82-23-04/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-82-23-04/2020 (Mahkamah Majistret)

    Court found prosecution proved a prima facie case; prosecution witnesses were credible; omission of 'voluntarily' was amendable; the assault and obstruction allegations arose from the same act so conviction was entered on Section 353 (assault on public servant) and acquittal entered on the overlapping Section 186 charge to avoid double jeopardy; accused convicted for breach of COVID-19 movement regulation; court imposed a non-custodial bond for the assault and a fine with imprisonment alternative for the regulatory breach in view of mitigating factors and first offender status.

  • 20 Oct 2020

    PENDAKWARAYA Timbalan Kan Hong Kit

    Citation
    BH83-1856-10/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH83-1856-10/2020 (Mahkamah Majistret)

    Accused was convicted under s.353 for using criminal force against a public servant; despite mitigation (early plea, first offender, remorse, low income), the offence attacked a firefighter performing duty and required a clear deterrent message. Balancing principles and precedents, a custodial sentence of one month imprisonment is warranted to protect public interest and deter similar conduct.