PENDAKWARAYA Pendakwaraya TEO CHEE LOONG

PENDAKWARAYA Pendakwaraya TEO CHEE LOONG

The court found the prosecution proved a prima facie case and thereafter proved guilt beyond reasonable doubt: the accused induced the complainant to hand over RM36,600 by false representations about ROGP investments, acted dishonestly by absconding and not creating any investment account for the complainant, and the accused's sworn testimony and documents failed to raise reasonable doubt; accordingly convicted under Section 420 and sentenced considering public interest and retribution.

Citation
JA-83-5633-12/2018 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: TEO CHEE LOONG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
1 March 2021
Case Number
JA-83-5633-12/2018 (Mahkamah Majistret)
Procedural Posture
Criminal Fraud (section 420 Kanun Keseksaan) / Judgment and Sentencing (magistrates' Court)
Outcome
Accused convicted under Section 420 Kanun Keseksaan
Legal Topics
Cheating (section 420), Prima Facie Assessment, Credibility of Accused, Police Investigation Sufficiency, Sentencing Principles
Source Language
Malay/English
Criminal Law Fraud Evidence Sentencing Cheating (section 420) Prima Facie Assessment Credibility of Accused Police Investigation Sufficiency +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

TEO CHEE LOONG

Accused

Procedural Posture

Criminal Fraud (section 420 Kanun Keseksaan) / Judgment and Sentencing (magistrates' Court)

Legal Issues

  1. 1 Whether the elements of Section 420 Kanun Keseksaan were proved
  2. 2 Whether prosecution established a prima facie case to call accused to answer
  3. 3 Credibility and sufficiency of the accused's defence evidence

Ratio Decidendi

The court found the prosecution proved a prima facie case and thereafter proved guilt beyond reasonable doubt: the accused induced the complainant to hand over RM36,600 by false representations about ROGP investments, acted dishonestly by absconding and not creating any investment account for the complainant, and the accused's sworn testimony and documents failed to raise reasonable doubt; accordingly convicted under Section 420 and sentenced considering public interest and retribution.

Court Disposition

Accused convicted under Section 420 Kanun Keseksaan

Orders

  • Sentenced to 2 years imprisonment
  • Sentenced to 2 strokes of the cane