[Polis Diraja Malaysia (PDRM)] MOHD SUHAIZAL BIN MAT SULAIMAN

[Polis Diraja Malaysia (PDRM)] MOHD SUHAIZAL BIN MAT SULAIMAN

The court found beyond reasonable doubt that the accused caused deception by issuing or presenting forged offer letters and other representations which induced PW3 to deliver monies totalling RM700,000; documentary bank records and witness testimony corroborated the money trail to the accused or his agents; MACC Act s.52(2) permits reliance on uncorroborated accomplice evidence where applicable; therefore elements of cheating under s.415 and offence under s.420 were established and conviction on both counts was warranted.

Citation
BH-82-03-02/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Suhaizal bin Mat Sulaiman
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 February 2023
Case Number
BH-82-03-02/2020 (Mahkamah Majistret)
Procedural Posture
Criminal (cheating Under S.420 Penal Code) / Trial Judgment — Conviction and Sentence; Stay of Execution Granted Pending Appeal
Outcome
Accused found guilty on two counts under s.420 Penal Code; convicted and sentenced.
Legal Topics
Cheating (s.420 Penal Code), Fraudulent Inducement, Corroboration and Accomplice Evidence, Sufficiency and Drafting of Charge, Money Tracing and Bank Evidence, Sentencing and Stay of Execution
Source Language
Malay/English
Criminal Law Anti‑corruption Law Evidence Law Procedural Law Cheating (s.420 Penal Code) Fraudulent Inducement Corroboration and Accomplice Evidence Sufficiency and Drafting of Charge +2 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Mohd Suhaizal bin Mat Sulaiman

Accused

Procedural Posture

Criminal (cheating Under S.420 Penal Code) / Trial Judgment — Conviction and Sentence; Stay of Execution Granted Pending Appeal

Legal Issues

  1. 1 Whether the elements of cheating under s.415 and s.420 Penal Code were proved
  2. 2 Whether the charges were defective for not specifying time/recipient/account details
  3. 3 Whether uncorroborated evidence of accomplices (PW4, PW5) could be relied upon

Ratio Decidendi

The court found beyond reasonable doubt that the accused caused deception by issuing or presenting forged offer letters and other representations which induced PW3 to deliver monies totalling RM700,000; documentary bank records and witness testimony corroborated the money trail to the accused or his agents; MACC Act s.52(2) permits reliance on uncorroborated accomplice evidence where applicable; therefore elements of cheating under s.415 and offence under s.420 were established and conviction on both counts was warranted.

Court Disposition

Accused found guilty on two counts under s.420 Penal Code; convicted and sentenced.

Orders

  • Accused convicted on two counts under s.420 Penal Code
  • Sentence: 5 years imprisonment for each count