Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Insult/provocation
  • 30 Nov 2023

    ARUNAKIRINATHAN A/L THILLAINATHAN

    Citation
    AA-42CY-3-06/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42CY-3-06/2022 (Mahkamah Tinggi)

    The High Court held the prosecution proved all elements of s233(1)(a) CMA 1998 and s504 Penal Code: s114A supported the inference that the appellant owned and published the live video, the content was offensive and had tendency to annoy and to provoke breach of the peace, the appellant's defence was mere denial and insufficient; the conviction was therefore upheld; the prosecution's appeal against sentence succeeded because the trial court failed adequately to consider the public interest and gravity of racially and religiously sensitive online publications, and the sentences were increased a…