TEOH SOO BENG

TEOH SOO BENG

Prosecution failed to establish a prima facie criminal case: no evidence of deception or inducement sufficient to amount to cheating (disputed amount and SPM's knowledge that properties were unenforceable), material misdescription of the loan amount in the charge, and the facts pointed to a civil/contractual dispute possibly involving illegal/void agreements; accordingly accused was acquitted and discharged without being called to enter defence.

Citation
WA-62K-194-08/2022 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: TEOH SOO BENG
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 May 2024
Case Number
WA-62K-194-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial — Decision on Prima Facie at Close of Prosecution (acquitted and Discharged); Prosecution Appealed
Outcome
Accused acquitted and discharged; no prima facie case found on all charges
Legal Topics
Cheating (section 420), Criminal Breach of Trust (sections 405/406), Dishonest Misappropriation (section 403), Prima Facie Burden, Illegality of Contract, Definition of Dishonesty (section 24), Moneylenders Act 1951
Source Language
Malay/English
Criminal Law Contract Law Evidence Banking/moneylenders Law Cheating (section 420) Criminal Breach of Trust (sections 405/406) Dishonest Misappropriation (section 403) Prima Facie Burden +3 more

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Parties

PENDAKWA RAYA

Prosecutor

TEOH SOO BENG

Accused

Procedural Posture

Criminal / Trial — Decision on Prima Facie at Close of Prosecution (acquitted and Discharged); Prosecution Appealed

Legal Issues

  1. 1 Whether prosecution proved prima facie case of cheating under s.420 Penal Code
  2. 2 Whether accused dishonestly misappropriated or committed criminal breach of trust under ss.403/405/406 Penal Code
  3. 3 Whether accused induced delivery of RM5,000,000 by deception regarding collateral

Ratio Decidendi

Prosecution failed to establish a prima facie criminal case: no evidence of deception or inducement sufficient to amount to cheating (disputed amount and SPM's knowledge that properties were unenforceable), material misdescription of the loan amount in the charge, and the facts pointed to a civil/contractual dispute possibly involving illegal/void agreements; accordingly accused was acquitted and discharged without being called to enter defence.

Court Disposition

Accused acquitted and discharged; no prima facie case found on all charges

Orders

  • Teoh Soo Beng is acquitted and discharged without being called to enter defence