Mat Aris Bin Saad

Mat Aris Bin Saad

The court found prosecution proved beyond reasonable doubt that both accused deliberately represented state land as their own, induced the complainant to deliver money, and had dishonest intent from the outset; the defence explanations were implausible and failed to raise reasonable doubt, therefore both accused are guilty under s.420 Penal Code and liable to custodial sentences and fines.

Citation
TA-83-252-07/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Zakaria Bin Yaacob; Accused: Mat Aris Bin Saad; Complainant: Nor Shahirah Hamra Binti Hassan Basri
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 November 2022
Case Number
TA-83-252-07/2019 (Mahkamah Majistret)
Procedural Posture
Criminal (cheating Under Penal Code) / Judgment and Sentencing
Outcome
Both accused convicted on all counts charged under section 420 Penal Code and sentenced.
Legal Topics
Cheating, Fraud, Section 420 Penal Code, Section 415 Penal Code, Sentencing
Source Language
Malay/English
Criminal Law Property Law Evidence Law Cheating Fraud Section 420 Penal Code Section 415 Penal Code Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Zakaria Bin Yaacob

Accused

Mat Aris Bin Saad

Accused

Nor Shahirah Hamra Binti Hassan Basri

Complainant

Procedural Posture

Criminal (cheating Under Penal Code) / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused dishonestly induced the complainant to deliver money by false representation
  2. 2 Whether elements of offence under s.420 Penal Code were established: deception, delivery of property and dishonest/fraudulent intention
  3. 3 Whether prosecution proved the case beyond reasonable doubt and whether defence raised reasonable doubt

Ratio Decidendi

The court found prosecution proved beyond reasonable doubt that both accused deliberately represented state land as their own, induced the complainant to deliver money, and had dishonest intent from the outset; the defence explanations were implausible and failed to raise reasonable doubt, therefore both accused are guilty under s.420 Penal Code and liable to custodial sentences and fines.

Court Disposition

Both accused convicted on all counts charged under section 420 Penal Code and sentenced.

Orders

  • TA-83-251-07/2019 (Zakaria Bin Yaacob) Count 1: Imprisonment 24 months from conviction date 21 November 2022 and fine RM1,500, failing which 2 months imprisonment; corporal punishment exempted under CrPC s.289(c).
  • TA-83-251-07/2019 (Zakaria Bin Yaacob) Count 2: Imprisonment 24 months from conviction date 21 November 2022 and fine RM1,500, failing which 2 months imprisonment; corporal punishment exempted under CrPC s.289(c).