NOR AINI BINTI ALI

NOR AINI BINTI ALI

The court convicted: prosecution proved all elements of s420 beyond reasonable doubt — accused induced SP1 to pay RM54,365 by representing she would purchase and transfer 1 Bitcoin, retained the funds and had no credible intent or proof of purchase; WhatsApp conversation (Exhibit P4) and bank records admitted as authentic despite absence of s90A certificate because originals were produced and content was undisputed; defence conditional-loan claim was an afterthought unsupported by contemporaneous written agreement and found not credible. Accordingly accused guilty under s420 and sentenced within statutory and court limits.

Citation
WA-83-7823-11/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: Nor Aini binti Ali
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 October 2023
Case Number
WA-83-7823-11/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Accused convicted under section 420 Kanun Keseksaan and sentenced to imprisonment for 1 year 6 months; costs of RM1500 awarded to the prosecution; whipping not imposed (accused female); application to suspend execution denied.
Legal Topics
Cheating Under Section 420 Kanun Keseksaan, Prima Facie Test at Close of Prosecution, Admissibility of Whats App/computer Records and S90 a Evidence Act, Credibility Assessment and Afterthought Defence, Sentencing Range and Magistrate Jurisdiction, Costs Under S427 CPC
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Law Commercial/financial Transactions Fraud/white Collar Crime Cheating Under Section 420 Kanun Keseksaan Prima Facie Test at Close of Prosecution Admissibility of Whats App/computer Records and S90 a Evidence Act +3 more

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Parties

PENDAKWA RAYA

Prosecution

Nor Aini binti Ali

Accused

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved elements of section 420 Kanun Keseksaan (cheating, inducement to deliver property, dishonesty) beyond reasonable doubt
  2. 2 Whether WhatsApp screenshot evidence (Exhibit P4) is admissible without a s90A certificate
  3. 3 Whether defence case that the payment was a conditional loan/investment is credible or an afterthought

Ratio Decidendi

The court convicted: prosecution proved all elements of s420 beyond reasonable doubt — accused induced SP1 to pay RM54,365 by representing she would purchase and transfer 1 Bitcoin, retained the funds and had no credible intent or proof of purchase; WhatsApp conversation (Exhibit P4) and bank records admitted as authentic despite absence of s90A certificate because originals were produced and content was undisputed; defence conditional-loan claim was an afterthought unsupported by contemporaneous written agreement and found not credible. Accordingly accused guilty under s420 and sentenced within statutory and court limits.

Court Disposition

Accused convicted under section 420 Kanun Keseksaan and sentenced to imprisonment for 1 year 6 months; costs of RM1500 awarded to the prosecution; whipping not imposed (accused female); application to suspend execution denied.

Orders

  • Conviction recorded under Section 420 Kanun Keseksaan
  • Sentenced to imprisonment for 1 year and 6 months