PENDAKWARAYA Timbalan Doris Chang Nyet Hou

PENDAKWARAYA Timbalan Doris Chang Nyet Hou

The accused, owner of the CIMB account into which RM348,500 (USD85,000) was credited, was convicted under s.424 Penal Code but her culpability was reduced by plea of guilty, first offender status and her role as a victim-mule; balancing public interest, proportionality and mitigation the court imposed a fine of RM4,000 in default seven months imprisonment as an appropriate and lawful sentence.

Citation
BH83-982-05/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Doris Chang Nyet Hou
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 August 2020
Case Number
BH83-982-05/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating/receiving (s.424 Penal Code) / Conviction and Sentencing
Outcome
Accused convicted under s.424 Penal Code and sentenced
Legal Topics
Cheating, Receiving Property Obtained by Fraud, Section 424 Penal Code, Plea of Guilty Mitigation, Victim Mule Concept, Proportionality in Sentencing
Source Language
Malay/English
Criminal Law Sentencing Banking/financial Crime Evidence Cheating Receiving Property Obtained by Fraud Section 424 Penal Code Plea of Guilty Mitigation +2 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Doris Chang Nyet Hou

Accused

Procedural Posture

Criminal Cheating/receiving (s.424 Penal Code) / Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused is criminally liable under s.424 Penal Code for receiving RM348,500 obtained by fraud
  2. 2 What sentence is appropriate having regard to the amount involved, plea of guilty, first offender status and the accused's role as a victim-mule
  3. 3 Whether handing over an ATM card constitutes recklessness attracting criminal responsibility

Ratio Decidendi

The accused, owner of the CIMB account into which RM348,500 (USD85,000) was credited, was convicted under s.424 Penal Code but her culpability was reduced by plea of guilty, first offender status and her role as a victim-mule; balancing public interest, proportionality and mitigation the court imposed a fine of RM4,000 in default seven months imprisonment as an appropriate and lawful sentence.

Court Disposition

Accused convicted under s.424 Penal Code and sentenced

Orders

  • Convicted under section 424 Penal Code.
  • Fine of RM4000 in default of seven months imprisonment.