Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Movement control/covid-19 regulation breach
  • 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.