[ ] ROSILA BINTI ISMAIL

[ ] ROSILA BINTI ISMAIL

On maximum evaluation the prosecution failed to prove the essential elements of section 417: there was no clear evidence the accused deceived and intentionally induced the complainant to surrender the title; the transaction was consensual/security or sale to the lender and inconsistencies favoured the accused; mere breach of contract does not amount to cheating; therefore no prima facie case and accused acquitted and discharged.

Citation
DA-83-141-03/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Rosila binti Ismail
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 February 2022
Case Number
DA-83-141-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating (section 417 Penal Code) / Prima Facie Stage; Accused Acquitted and Discharged
Outcome
Accused acquitted and discharged; bail to be returned
Legal Topics
Cheating, Prima Facie Test, Acquittal and Discharge, Burden of Proof, Maximum Evaluation of Prosecution Evidence
Source Language
Malay/English
Criminal Law Penal Code Procedure Evidence Cheating Prima Facie Test Acquittal and Discharge Burden of Proof +1 more

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Parties

Pendakwa Raya

Prosecution

Rosila binti Ismail

Accused

Procedural Posture

Criminal Cheating (section 417 Penal Code) / Prima Facie Stage; Accused Acquitted and Discharged

Legal Issues

  1. 1 Whether the accused deceived the complainant and thereby induced her to surrender title
  2. 2 Whether any inducement was intentional/fraudulent at the time of the transaction
  3. 3 Whether the person induced did something she would not have done but for the deception

Ratio Decidendi

On maximum evaluation the prosecution failed to prove the essential elements of section 417: there was no clear evidence the accused deceived and intentionally induced the complainant to surrender the title; the transaction was consensual/security or sale to the lender and inconsistencies favoured the accused; mere breach of contract does not amount to cheating; therefore no prima facie case and accused acquitted and discharged.

Court Disposition

Accused acquitted and discharged; bail to be returned

Orders

  • Accused acquitted and discharged at prima facie stage under section 417 Penal Code
  • Bail to be returned to the accused