HENRYZAL BIN HATTO

HENRYZAL BIN HATTO

The Court held the prosecution adduced credible and corroborated evidence sufficient for conviction and found the appellant's defence inherently improbable and unable to raise reasonable doubt; however the original 2‑year sentence was manifestly inadequate and was increased to reflect seriousness and deterrence, with fine and restitution ordered.

Citation
JB-41S-5-05/2019 (Mahkamah Tinggi)
Parties
Appellant/accused: Henryzal bin Hatto; Respondent/prosecutor: Pendakwa Raya (Public Prosecutor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 April 2021
Case Number
JB-41S-5-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Appeal against conviction dismissed; conviction affirmed. Cross‑appeal by Prosecutor against sentence allowed.
Legal Topics
Cheating (section 420 Penal Code), Accomplice Evidence and Corroboration, Cross Examination Under Sections 145 and 154 Evidence Act 1950, Prima Facie Case, Sentencing Principles and Deterrence, Restitution Under Section 426 Criminal Procedure Code
Source Language
Malay/English
Criminal Law Evidence Sentencing Commercial Crime Procedural Law Cheating (section 420 Penal Code) Accomplice Evidence and Corroboration Cross Examination Under Sections 145 and 154 Evidence Act 1950 +3 more

Case Brief

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Parties

Henryzal bin Hatto

Appellant/accused

Pendakwa Raya (Public Prosecutor)

Respondent/prosecutor

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether SP1's evidence was reliable to establish a prima facie case against the accused
  2. 2 Whether contradictions between SP1 and SP10 undermined prosecution's case
  3. 3 Whether SP10's evidence (an accomplice) could be relied upon and to what extent

Ratio Decidendi

The Court held the prosecution adduced credible and corroborated evidence sufficient for conviction and found the appellant's defence inherently improbable and unable to raise reasonable doubt; however the original 2‑year sentence was manifestly inadequate and was increased to reflect seriousness and deterrence, with fine and restitution ordered.

Court Disposition

Appeal against conviction dismissed; conviction affirmed. Cross‑appeal by Prosecutor against sentence allowed.

Orders

  • Conviction under Section 420 Penal Code read with Section 34 affirmed.
  • Original sentence of 2 years' imprisonment set aside and substituted with 7 years' imprisonment commencing from date of arrest.