2011 MarsdenLR 2723

HIGH COURT SABAH & SARAWAK, TAWAU
DATU ABDUL RAJAK DATU ALIUDDIN & ORS – Appellant
Versus
PP – Respondent
[Criminal Appeal No: T(41)-62-2010]

The court affirmed a conviction under the Police Act for unlawful assembly, emphasizing that self-proclaimed titles do not grant exemptions from legal requirements.

Headnote:(A) Police Act 1967 - Section 27(5) - Appeal against conviction for unlawful assembly - Conviction and sentence affirmed due to adequate identification and evidence of illegal assembly without permit. (Paras 1-3)

(B) Identification - Evidence found unchallenged; Court accepted testimonies of identified witnesses affirming presence of appellant during the unlawful gathering. (Paras 10, 20, 29)

(C) Legitimacy of assembly - Appellant's claim of not requiring a permit due to self-proclaimed status rejected; actions deemed a challenge to state authority. (Paras 40, 42)

Facts of the case:
Appellant convicted for participating in an illegal assembly on 4th April 2009, identified by multiple witnesses during the act of flag burning.

Findings of Court:
Appellant's conviction upheld based on solid eyewitness accounts and lack of challenge to identification credibility.

Issues: The court addressed sufficiency of identification evidence and legitimacy of assembly claims.

Ratio Decidendi: Court concluded that the eyewitness testimonies were credible and the assembly was illegal; self-proclaimed titles do not exempt individuals from legal responsibilities.

Result: Conviction and sentence affirmed.