PENDAKWARAYA SYED SHAKIR ALJUNID BIN SYED ALWI ALJUNID

PENDAKWARAYA SYED SHAKIR ALJUNID BIN SYED ALWI ALJUNID

After assessing all evidence and credibility, the court found prosecution proved beyond reasonable doubt that the accused dishonestly induced payment by false promise of immigration approvals, the defence was unconvincing and uncorroborated, and thus the accused was guilty of cheating under Section 420.

Citation
FA-83-72-07/2018 (Mahkamah Majistret)
Parties
Perayu: SYED SHAKIR ALJUNID BIN SYED ALWI ALJUNID; Penentang: PENDAKWA RAYA
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 January 2020
Case Number
FA-83-72-07/2018 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating Under Section 420 Penal Code / Conviction and Sentencing (trial Concluded)
Outcome
Guilty under Section 420 Kanun Keseksaan; convicted and sentenced
Legal Topics
Cheating (section 420), Evidence and Witness Credibility, Sentencing
Source Language
Malay/English
Criminal Law Fraud Immigration Administrative Process Cheating (section 420) Evidence and Witness Credibility Sentencing

Case Brief

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Parties

SYED SHAKIR ALJUNID BIN SYED ALWI ALJUNID

Perayu

PENDAKWA RAYA

Penentang

Procedural Posture

Criminal Cheating Under Section 420 Penal Code / Conviction and Sentencing (trial Concluded)

Legal Issues

  1. 1 Whether the accused fraudulently induced payment by false promise of immigration approvals
  2. 2 Whether the prosecution proved the elements of cheating beyond reasonable doubt
  3. 3 Whether the accused's defence was credible and created reasonable doubt

Ratio Decidendi

After assessing all evidence and credibility, the court found prosecution proved beyond reasonable doubt that the accused dishonestly induced payment by false promise of immigration approvals, the defence was unconvincing and uncorroborated, and thus the accused was guilty of cheating under Section 420.

Court Disposition

Guilty under Section 420 Kanun Keseksaan; convicted and sentenced

Orders

  • Imprisonment for 4 years commencing from 9 January 2020
  • Four strokes of the rotan