AHMAD AMMAR BIN HASSAN

AHMAD AMMAR BIN HASSAN

Appellate court concluded the trial judge rightly found that prosecution proved a prima facie case, the statutory presumption under s.50(1) applied and was not rebutted by the defence evidence which the trial judge properly assessed as recent invention/afterthought; therefore conviction of the appellant on both counts and sentence of 12 months imprisonment and RM10,000 fine (per count) were upheld. Prosecution appeals were allowed in part: co-accused's one-day sentence was increased to 12 months and the acquittal on the second charge was set aside, with sentences to run concurrently from 3 July 2023; bail conditions and fines ordered as recorded.

Citation
PA-42S(A)-1-12/2019 (Mahkamah Tinggi)
Parties
Accused/appellant: Ahmad Ammar bin Hassan; Accused/co Accused: Mohd Hafiz bin Mohd Noor; Prosecution: Pendakwa Raya (Suruhanjaya Pencegahan Rasuah Malaysia)
Court
A
Jurisdiction
Malaysia
Judgment Date
3 July 2023
Case Number
PA-42S(A)-1-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (corruption Under SPRM Act) / High Court Appellate Judgment (hearing of Appeals From Sessions Court)
Outcome
Mixed: appellant's (Ahmad Ammar) appeal against conviction and sentence dismissed; prosecution appeals partly allowed resulting in increased penalty for co-accused and setting aside of acquittal on second charge; overall convictions and fines upheld.
Legal Topics
Bribery (soliciting and Receiving), Prima Facie and Statutory Presumption (s.50 Asprm), Joint Liability (s.34 Penal Code), Evaluation of Witness Credibility, Sentence Severity and Mitigation
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Sentencing Bribery (soliciting and Receiving) Prima Facie and Statutory Presumption (s.50 Asprm) Joint Liability (s.34 Penal Code) Evaluation of Witness Credibility +1 more

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Parties

Ahmad Ammar bin Hassan

Accused/appellant

Mohd Hafiz bin Mohd Noor

Accused/co Accused

Pendakwa Raya (Suruhanjaya Pencegahan Rasuah Malaysia)

Prosecution

Procedural Posture

Criminal Appeal (corruption Under SPRM Act) / High Court Appellate Judgment (hearing of Appeals From Sessions Court)

Legal Issues

  1. 1 Whether prosecution established a prima facie case at close of its case
  2. 2 Whether the trial judge properly evaluated and gave due weight to the defence evidence
  3. 3 Whether the sentence imposed on the appellant was manifestly excessive

Ratio Decidendi

Appellate court concluded the trial judge rightly found that prosecution proved a prima facie case, the statutory presumption under s.50(1) applied and was not rebutted by the defence evidence which the trial judge properly assessed as recent invention/afterthought; therefore conviction of the appellant on both counts and sentence of 12 months imprisonment and RM10,000 fine (per count) were upheld. Prosecution appeals were allowed in part: co-accused's one-day sentence was increased to 12 months and the acquittal on the second charge was set aside, with sentences to run concurrently from 3 July 2023; bail conditions and fines ordered as recorded.

Court Disposition

Mixed: appellant's (Ahmad Ammar) appeal against conviction and sentence dismissed; prosecution appeals partly allowed resulting in increased penalty for co-accused and setting aside of acquittal on second charge; overall convictions and fines upheld.

Orders

  • Appeal by appellant Ahmad Ammar dismissed; convictions on both counts and sentence of 12 months imprisonment and fine RM10,000 for each count (if fine not paid then 6 months imprisonment) upheld.
  • Prosecution appeal allowed in part: sentence of 1 day on co-accused for first charge amended to 12 months imprisonment.