26 Oct 2021
PENDAKWARAYA 1. VIKNESWARAN A/L VEERAN 2. SARAS KUMAR A/L THILANOARAH 3. PATHMANATHAN A/L THILANDARAH
- Citation
- BL-41LB-6-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-41LB-6-10/2020 (Mahkamah Tinggi)
Appellate court upheld the magistrate: prosecution failed to prove the essential elements of criminal intimidation or to make out a prima facie case under S.173/S.180; the words were spontaneous post-traffic-contact, only one accused uttered them, the complainant’s fear was attributable to being physically blocked rather than to a demonstrated intent to carry out the alleged threat, and there was no proof of joint intention under S.34; therefore acquittal was proper and appeal dismissed.