PENDAKWARAYA Timbalan Foong Ting Jun

PENDAKWARAYA Timbalan Foong Ting Jun

The court found the investment agreement and subsequent payments evidenced genuine arrangements to secure the artist; there was no evidence of deception at the time of inducement and no dishonest or fraudulent intention by the accused to cause wrongful gain or loss, therefore the essential elements of s.420 Penal Code were not established and the accused was acquitted at the end of the prosecution's case.

Citation
BH83-728-06/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Foong Ting Jun
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 March 2021
Case Number
BH83-728-06/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating (section 420 Penal Code) / Judgment at Trial (acquittal at End of Prosecution's Case)
Outcome
Accused Foong Ting Jun acquitted and discharged.
Legal Topics
Cheating, Fraud, Dishonesty, Breach of Contract Vs Criminal Liability, Admission of Documents (s.73 AA Evidence Act), End of Prosecution Case Test (s.173 Cpc)
Source Language
Malay/English
Criminal Law Evidence Law Commercial Law Cheating Fraud Dishonesty Breach of Contract Vs Criminal Liability Admission of Documents (s.73 AA Evidence Act) +1 more

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Parties

Public Prosecutor

Prosecution

Foong Ting Jun

Accused

Procedural Posture

Criminal Cheating (section 420 Penal Code) / Judgment at Trial (acquittal at End of Prosecution's Case)

Legal Issues

  1. 1 Whether the accused fraudulently or dishonestly induced the complainant to deliver money
  2. 2 Whether the elements of section 420 Penal Code were established
  3. 3 Distinction between mere breach of contract and criminal cheating: intention at the time of inducement

Ratio Decidendi

The court found the investment agreement and subsequent payments evidenced genuine arrangements to secure the artist; there was no evidence of deception at the time of inducement and no dishonest or fraudulent intention by the accused to cause wrongful gain or loss, therefore the essential elements of s.420 Penal Code were not established and the accused was acquitted at the end of the prosecution's case.

Court Disposition

Accused Foong Ting Jun acquitted and discharged.

Orders

  • Accused Foong Ting Jun is acquitted and discharged of the charge under section 420 of the Penal Code pursuant to finding that a prima facie case was not made.
  • Matter dismissed at end of prosecution's case under Criminal Procedure Code s.173(f)(ii).