3 Jan 2024
1. ) PRAKASH A/L RAJAGOPAL 2. ) KARUNAGARAN A/L ARJUNAN
- Citation
- J-09-53-02/2023 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- J-09-53-02/2023 (Mahkamah Rayuan)
A plastic chair used in a riot in a manner that causes injury qualifies as 'any weapon' under section 148 Penal Code when assessed by its capacity and manner of use; however the High Court exceeded its revisionary powers by substituting conviction and recording sentence on an amended charge under its revision power — the proper course when elements of the original charge are not made out is to set aside the guilty plea and remit for trial rather than to amend and convict on a different substantive offence on revision.
- Riots and weapons (section 148 penal code)
- Causing hurt (section 323 penal code)
- Revisionary powers of appellate court (section 323 cpc)
- Leave to appeal from magistrates' court (s.50(2) courts of judicature act 1964)
- Definition and ejusdem generis interpretation of 'weapon'
- Scope of substitution of conviction and sentencing on revision