WA-3-83-1836-04/2017 (Mahkamah Majistret)

WA-3-83-1836-04/2017 (Mahkamah Majistret)

Court found prosecution proved beyond reasonable doubt that the accused dishonestly induced two victims to pay RM33,000 by falsely representing she could secure bank loans (no applications were made at the bank, receipts and witness evidence corroborated payments, the accused retained the funds and failed to substantiate transfer to any bank officer), therefore the elements of s.420 Kanun Keseksaan were satisfied; accused convicted on both counts and sentenced accordingly; application to suspend execution of sentence denied for lack of special circumstances.

Citation
WA-3-83-1836-04/2017 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Kavitha A/P Kalidasan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 July 2020
Case Number
WA-3-83-1836-04/2017 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating (section 420 Kanun Keseksaan) / Judgment at End of Trial and Sentencing (27.7.2020)
Outcome
Guilty on two counts under s.420 Kanun Keseksaan; convicted and sentenced
Legal Topics
Cheating Under S.420, Elements of Fraud (mens Rea and Inducement), Prima Facie Standard, Assessment of Defence Evidence, Sentencing and Application for Stay
Source Language
Malay/English
Criminal Law Fraud Criminal Procedure Cheating Under S.420 Elements of Fraud (mens Rea and Inducement) Prima Facie Standard Assessment of Defence Evidence Sentencing and Application for Stay

Case Brief

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Parties

Public Prosecutor

Prosecutor

Kavitha A/P Kalidasan

Accused

Procedural Posture

Criminal Cheating (section 420 Kanun Keseksaan) / Judgment at End of Trial and Sentencing (27.7.2020)

Legal Issues

  1. 1 Whether prosecution proved elements of s.420 Kanun Keseksaan (cheating and dishonest inducement) beyond reasonable doubt
  2. 2 Whether the defendant acted with dishonest intention at time of inducement
  3. 3 Whether the transaction amounted only to breach of contract or constituted criminal cheating

Ratio Decidendi

Court found prosecution proved beyond reasonable doubt that the accused dishonestly induced two victims to pay RM33,000 by falsely representing she could secure bank loans (no applications were made at the bank, receipts and witness evidence corroborated payments, the accused retained the funds and failed to substantiate transfer to any bank officer), therefore the elements of s.420 Kanun Keseksaan were satisfied; accused convicted on both counts and sentenced accordingly; application to suspend execution of sentence denied for lack of special circumstances.

Court Disposition

Guilty on two counts under s.420 Kanun Keseksaan; convicted and sentenced

Orders

  • Sentenced to 5 years' imprisonment on each count to run concurrently, effective 27.7.2020
  • Fine of RM7,000.00 for each count; default imprisonment of 5 months for each fine if unpaid