Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 504 penal code

  • 18 Oct 2024

    1. ) MUHAMMAD AL NIJAM BIN MD YUSOF 2. ) MUHAMMAD NOOR AZROY BIN MD SHARIF 3. ) MUHAMMAD ZAHIR BIN MD YUSOF

    Citation
    MC-83-162-04/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-83-162-04/2023 (Mahkamah Majistret)

    The prosecution failed to establish a prima facie case for offences under s504 and s332 because (a) the words complained of were within protected expression and did not demonstrate intent to provoke a breach of peace, (b) the investigating officer's dual role created reasonable suspicion of bias undermining the investigation into s504, and (c) identification evidence was inconsistent and injuries were minor, leaving reasonable doubt as to which accused caused the harm; accordingly all accused were acquitted and discharged at the end of the prosecution's case.

  • 18 Oct 2024

    MUHAMMAD ROZAIMI BIN HASIM

    Citation
    MC-83-161-04/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-83-161-04/2023 (Mahkamah Majistret)

    The prosecution failed to establish a prima facie case on both counts: for s.504 there was no evidence the accused's words objectively amounted to an intentional insult likely to provoke breach of the peace and the statement fell within protected expression; for s.332 the identification evidence was unreliable, medical injuries were minor and not clearly attributable to the accused, and there was reasonable apprehension of bias in investigation; accordingly all accused were acquitted and discharged at the end of the prosecution's case.

  • 9 Oct 2023

    WONG YAN KE

    Citation
    WA-83-1671-02/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-1671-02/2020 (Mahkamah Majistret)

    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.