Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 160 penal code

Legal area

Court

22 Aug 2024

GOH SAI TING

Citation

NA-85-124-05/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NA-85-124-05/2021 (Mahkamah Majistret)

The prosecution proved all elements of affray under Section 160 beyond reasonable doubt by credible witness testimony corroborated by exhibits and CCTV; the accused's defence was a mere denial/afterthought contradicted by the CCTV and failed to raise reasonable doubt, therefore conviction and sentence were justified.
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.