LOKE CHEE MIN

LOKE CHEE MIN

The court balanced public interest and accused's mitigation, gave weight to the large misappropriated sum, the accused's role as a lawyer and prior similar convictions, afforded some credit for early guilty plea but concluded that deterrence and protection of public trust required a substantial sentence: 8 years imprisonment concurrent with current sentences and a fine of RM50,000 (in default six months).

Citation
BA-62K-21-02/2023 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Loke Chee Min
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 March 2023
Case Number
BA-62K-21-02/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Sessions Court / Sentencing
Outcome
Convicted under section 420 of the Penal Code and sentenced to imprisonment and fine
Legal Topics
Criminal Breach of Trust, Section 409 Penal Code, Section 420 Penal Code, Plea of Guilty, Mitigation, Public Interest, Concurrent Sentences, Fine in Default
Source Language
Malay/English
Criminal Law Professional Misconduct Anti Money Laundering Sentencing Criminal Breach of Trust Section 409 Penal Code Section 420 Penal Code Plea of Guilty +4 more

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Parties

Public Prosecutor

Prosecution

Loke Chee Min

Accused

Procedural Posture

Criminal Sessions Court / Sentencing

Legal Issues

  1. 1 Appropriate sentence for criminal breach of trust involving RM4.25 million
  2. 2 Weight to be given to public interest versus accused's mitigation
  3. 3 Impact of prior similar convictions and concurrent sentences on sentencing

Ratio Decidendi

The court balanced public interest and accused's mitigation, gave weight to the large misappropriated sum, the accused's role as a lawyer and prior similar convictions, afforded some credit for early guilty plea but concluded that deterrence and protection of public trust required a substantial sentence: 8 years imprisonment concurrent with current sentences and a fine of RM50,000 (in default six months).

Court Disposition

Convicted under section 420 of the Penal Code and sentenced to imprisonment and fine

Orders

  • Convicted under section 420 Penal Code
  • Sentenced to 8 years imprisonment to run concurrently with current sentences