31 Jul 2023
VICNESVARAN A/L MUNIANDY
- Citation
- MA-83-1207-09/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- MA-83-1207-09/2022 (Mahkamah Majistret)
Court held prosecution proved all essential elements of Section 148: five or more persons assembled; assembly was unlawful with a common object to fight and commit other offences (including property damage); accused was a member of the assembly; violence was used; and accused possessed a weapon (knife). The omission of explicit statement of common object in the charge did not render it defective for this offence. Eyewitness evidence (SP3) and corroborating exhibits satisfied the court beyond reasonable doubt, so accused was convicted.