ROSLINA BINTI ABU BAKAR [ ]

ROSLINA BINTI ABU BAKAR [ ]

Bank Negara Malaysia's evidence and exhibits establishing that the accused had no authority or licence to operate the alleged gold investment scheme proved that the promised investment did not lawfully exist; that finding satisfied the element of deception under section 420 Kanun Keseksaan and justified upholding the convictions; the Sessions Court's consideration of mitigation and public interest rendered the imposed sentences appropriate.

Citation
DA-42S-6-05/2022 (Mahkamah Tinggi)
Parties
Appellant (da 42 H 7 06/2022); Respondent (da 42 S 6 05/2021): Pendakwa Raya; Respondent (da 42 H 7 06/2022); Appellant (da 42 S 6 05/2021): Roslina binti Abu Bakar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 February 2024
Case Number
DA-42S-6-05/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeals (disposition)
Outcome
Both appeals dismissed; convictions and sentences upheld.
Legal Topics
Cheating (section 420 Penal Code), Investment Fraud, Regulatory Evidence From Central Bank
Source Language
Malay/English
Criminal Law Commercial/financial Regulation Sentencing Cheating (section 420 Penal Code) Investment Fraud Regulatory Evidence From Central Bank

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Parties

Pendakwa Raya

Appellant (da 42 H 7 06/2022); Respondent (da 42 S 6 05/2021)

Roslina binti Abu Bakar

Respondent (da 42 H 7 06/2022); Appellant (da 42 S 6 05/2021)

Procedural Posture

Criminal Appeal / High Court Judgment on Appeals (disposition)

Legal Issues

  1. 1 Whether the accused deceived the complainant about the existence of a gold-bar investment scheme
  2. 2 Whether the prosecution proved the element of deception required under section 420 Kanun Keseksaan
  3. 3 Whether the sentence imposed by the Sessions Court was appropriate

Ratio Decidendi

Bank Negara Malaysia's evidence and exhibits establishing that the accused had no authority or licence to operate the alleged gold investment scheme proved that the promised investment did not lawfully exist; that finding satisfied the element of deception under section 420 Kanun Keseksaan and justified upholding the convictions; the Sessions Court's consideration of mitigation and public interest rendered the imposed sentences appropriate.

Court Disposition

Both appeals dismissed; convictions and sentences upheld.

Orders

  • Both appeals are dismissed.
  • Convictions on both counts under section 420 Kanun Keseksaan are upheld.