23 Nov 2023
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SIVARAJA A/L SAMBASIVAM 2. ) SAMBASIVAM VALARMATHI 3. ) HARI SANKAR A/L LACHUMANNAR 4. ) ELACHIPALAYAM RAMASAMY SELVI
- Citation
- CG-85-8-06/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CG-85-8-06/2021 (Mahkamah Majistret)
Applying the maximum evaluation test the prosecution failed to prove essential elements of affray: medical and eyewitness evidence established fighting only between First and Third Accused while Second and Fourth did not participate; the locus was within private residential boundaries and not a public place; therefore there was no disturbance of public peace and no prima facie case to call on defence, requiring acquittal and discharge of all accused.