29 Aug 2021
1. MOHD RIDZUAN GUN BIN ABDULLAH 2. DEMIE LIYANA GUN BTE MOHD RIDZUAN GUN PUBLIC PROSECUTOR
- Citation
- JB-41S-3-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-41S-3-06/2020 (Mahkamah Tinggi)
Substitution of the deceased 1st appellant by the 2nd appellant was allowed under s.320 CPC given the fine-only sentence and interest in clearing name; on merits the High Court found the magistrate misdirected on law and facts, PW2 and PW3 were uncorroborated and in effect trespassers/assailants not accomplices implicating the appellants; appellants acted in private defence against criminal trespass and assaults, therefore convictions for affray were unsafe and were set aside with fines refunded.