Azizan Bin Mohamed Yasin (Dalam Jaminan)

Azizan Bin Mohamed Yasin (Dalam Jaminan)

Prosecution proved the elements of the offence under s17 ASPRM by bank records, CCTV and witness evidence; the statutory presumption under s50 ASPRM applied and the accused failed to rebut it with an honest explanation on the balance of probabilities; accordingly conviction on the main charge and sentencing followed.

Citation
JA-61R-3-04/2018 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: AZIZAN BIN MOHAMED YASIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 September 2022
Case Number
JA-61R-3-04/2018 (Mahkamah Sesyen)
Procedural Posture
Criminal Corruption (asprm) / Conviction and Sentencing (appeal Pending)
Outcome
Accused convicted on main charge under Section 17 ASPRM; sentenced to imprisonment 3 years and fined RM125,000.00 with default 1 year imprisonment if fine not paid; sentence and fine suspended pending appeals.
Legal Topics
Bribery, Section 17 ASPRM, Section 24 ASPRM (penalty), Section 50 ASPRM (presumption), Section 165 Penal Code (alternative)
Source Language
Malay/English
Criminal Law Anti‑corruption Law Administrative/public Law Bribery Section 17 ASPRM Section 24 ASPRM (penalty) Section 50 ASPRM (presumption) Section 165 Penal Code (alternative)

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Parties

PENDAKWA RAYA

Prosecutor

AZIZAN BIN MOHAMED YASIN

Accused

Procedural Posture

Criminal Corruption (asprm) / Conviction and Sentencing (appeal Pending)

Legal Issues

  1. 1 Whether prosecution proved all elements of offence under s17 ASPRM
  2. 2 Whether statutory presumption under s50 ASPRM applies and its effect on burden of proof
  3. 3 Whether accused provided innocent explanation on balance of probabilities to rebut presumption

Ratio Decidendi

Prosecution proved the elements of the offence under s17 ASPRM by bank records, CCTV and witness evidence; the statutory presumption under s50 ASPRM applied and the accused failed to rebut it with an honest explanation on the balance of probabilities; accordingly conviction on the main charge and sentencing followed.

Court Disposition

Accused convicted on main charge under Section 17 ASPRM; sentenced to imprisonment 3 years and fined RM125,000.00 with default 1 year imprisonment if fine not paid; sentence and fine suspended pending appeals.

Orders

  • Accused convicted of offence under s17 Akta SPRM 2009
  • Sentence: 3 years imprisonment