PENDAKWARAYA YAZID MUSTAQIM BIN ROSLAN SHAKUNTALA DEVI A/P KUMAR

PENDAKWARAYA YAZID MUSTAQIM BIN ROSLAN SHAKUNTALA DEVI A/P KUMAR

The court found the prosecution proved beyond reasonable doubt that the accused knowingly made false representations about being able to procure employment, used the reputation of a defunct company to induce reliance, caused the complainant to transfer RM100,000 into accounts controlled by the accused and her sister, and the defence failed to raise a reasonable doubt; accordingly the accused was convicted under s.420 Penal Code and sentenced to imprisonment and fine, and applications for suspension and instalment payment were refused.

Citation
PA 83-129-01/2019 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Shakuntala Devi a/p Kumar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 April 2021
Case Number
PA 83-129-01/2019 (Mahkamah Majistret)
Procedural Posture
Criminal (section 420 Penal Code) / Judgment and Sentencing
Outcome
Accused convicted under Section 420 Penal Code and sentenced
Legal Topics
Cheating, Fraud, Inducement, Burden of Proof, Section 420 Penal Code, Suspension of Sentence
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Cheating Fraud Inducement Burden of Proof Section 420 Penal Code +1 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Shakuntala Devi a/p Kumar

Accused

Procedural Posture

Criminal (section 420 Penal Code) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved the elements of cheating under s.415 and s.420 Penal Code (false representation, dishonest inducement and delivery of property)
  2. 2 Whether payments to accused and third party amounted to property delivered as a result of inducement
  3. 3 Whether defence raised a reasonable doubt or established a lawful explanation (eg under-table payment)

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt that the accused knowingly made false representations about being able to procure employment, used the reputation of a defunct company to induce reliance, caused the complainant to transfer RM100,000 into accounts controlled by the accused and her sister, and the defence failed to raise a reasonable doubt; accordingly the accused was convicted under s.420 Penal Code and sentenced to imprisonment and fine, and applications for suspension and instalment payment were refused.

Court Disposition

Accused convicted under Section 420 Penal Code and sentenced

Orders

  • Convicted under Section 420 Penal Code
  • Imprisonment 3 years commencing from date of conviction