1. SAHARUDDIN BIN AWANG YAHYA 2. NORZIHAN BINTI ZAINAL ABIDIN

1. SAHARUDDIN BIN AWANG YAHYA 2. NORZIHAN BINTI ZAINAL ABIDIN

Convictions were unsafe because the prosecution failed to prove the essential element of deception as charged: the evidence established the alleged titles derived from PKDRK (a private society) not from the State of Kelantan as alleged in the indictments, many victims acknowledged the PKDRK provenance or attributed payments to charitable donations or to intermediaries, and the trial judge failed to properly assess victims' testimony; accordingly convictions and sentences were set aside and appellants acquitted.

Citation
WA-42K-13-05/2018 (Mahkamah Tinggi)
Parties
Appellant/respondent: Saharuddin bin Awang Yahya; Appellant/respondent: Norzihan binti Zainal Abidin; Respondent/appellant: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 September 2019
Case Number
WA-42K-13-05/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeals From Sessions Court
Outcome
Appeals by the accused allowed; convictions and sentences set aside; accused acquitted and discharged; prosecution appeal dismissed.
Legal Topics
Cheating (section 420), Dishonesty and Wrongful Gain, Prima Facie Review, Sentence Appeal
Source Language
Malay/English
Criminal Law Evidence Appellate Procedure Penal Code Offences Cheating (section 420) Dishonesty and Wrongful Gain Prima Facie Review Sentence Appeal

Case Brief

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Parties

Saharuddin bin Awang Yahya

Appellant/respondent

Norzihan binti Zainal Abidin

Appellant/respondent

Public Prosecutor

Respondent/appellant

Procedural Posture

Criminal Appeal / High Court Judgment on Appeals From Sessions Court

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt the element of deception required under section 420 Penal Code
  2. 2 Whether the alleged Dato' titles were represented as conferred by the State of Kelantan or by a private society (PKDRK)
  3. 3 Whether the trial judge erred in calling the accused to enter defence despite victims' evidence

Ratio Decidendi

Convictions were unsafe because the prosecution failed to prove the essential element of deception as charged: the evidence established the alleged titles derived from PKDRK (a private society) not from the State of Kelantan as alleged in the indictments, many victims acknowledged the PKDRK provenance or attributed payments to charitable donations or to intermediaries, and the trial judge failed to properly assess victims' testimony; accordingly convictions and sentences were set aside and appellants acquitted.

Court Disposition

Appeals by the accused allowed; convictions and sentences set aside; accused acquitted and discharged; prosecution appeal dismissed.

Orders

  • Convictions set aside
  • Sentences set aside