JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] These are 2 appeals by both appellants against the decisions handed down by the Learned Magistrate sitting in Batu Pahat on the 4 June 2020 whereby the Learned Magistrate convicted the appellants under s 160, Penal Code and sentenced both appellants to pay a fine the sum of RM500-00 each, in default 1 month imprisonment. The appeals are against both convictions and sentence of the fine.

[2] The Appellants were charged at the instance of the Public Prosecutor and the Charge against the Appellants is as follows:

Bahawa kamu bersama-sama pada 13 February 2019 jam lebih kurang 09.25 malam bertempat di Jalan Kurnia 8, Taman Kurnia dalam Daerah Batu Pahat di dalam Negeri Johor Darul Takzim, telah didapati melakukan gaduh gempar. Oleh yang demikian, kamu telah melakukan satu kesalahan dan boleh dihukum di bawah s 160 Kanun Keseksaan.

Translation

That you, jointly, on 13 February 2019 at about 9.25 pm, at Jalan Kurnia 8, Taman Kurnia, in the District of Batu Pahat, in the State of Johore, have committed affray and you thereby committed an offence which is punishable under s 160 Penal Code .

[3] Before these appeals were heard, the 1st