OSMADI BIN SAIFUL BAHRIN

OSMADI BIN SAIFUL BAHRIN

Prosecution proved beyond reasonable doubt that accused was a clerk/employee entrusted with company funds and had control via shared passwords; bank records and accused's own signed admissions showed RM126,364.25 was transferred from the company account to his personal account, constituting dishonest misappropriation under s.408 Penal Code. Defence was a recent invention and failed to raise reasonable doubt. Conviction under s.408 and sentence were appropriate and lawful.

Citation
WA-62K-51-02/2021 (Mahkamah Sesyen)
Parties
Prosecutor: PENDakwa RAYA; Accused: OSMADI BIN SAIFUL BAHRIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 August 2022
Case Number
WA-62K-51-02/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Criminal Breach of Trust (trial) / Conviction and Sentencing (appeal Against Sentence Considered)
Outcome
Conviction and sentence upheld; appeal dismissed
Legal Topics
Criminal Breach of Trust, Section 408 Penal Code, Dishonesty, Evidence, Sentencing
Source Language
Malay/English
Criminal Law Commercial Crime Company Law Criminal Breach of Trust Section 408 Penal Code Dishonesty Evidence Sentencing

Case Brief

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Parties

PENDakwa RAYA

Prosecutor

OSMADI BIN SAIFUL BAHRIN

Accused

Procedural Posture

Criminal Criminal Breach of Trust (trial) / Conviction and Sentencing (appeal Against Sentence Considered)

Legal Issues

  1. 1 Whether accused was a clerk or servant entrusted with company property
  2. 2 Whether accused had control over and was entrusted with RM126,364.25
  3. 3 Whether accused dishonestly misappropriated company funds constituting criminal breach of trust under s.408 Penal Code

Ratio Decidendi

Prosecution proved beyond reasonable doubt that accused was a clerk/employee entrusted with company funds and had control via shared passwords; bank records and accused's own signed admissions showed RM126,364.25 was transferred from the company account to his personal account, constituting dishonest misappropriation under s.408 Penal Code. Defence was a recent invention and failed to raise reasonable doubt. Conviction under s.408 and sentence were appropriate and lawful.

Court Disposition

Conviction and sentence upheld; appeal dismissed

Orders

  • Accused convicted of criminal breach of trust under Section 408 Penal Code
  • Sentence: 2 years imprisonment from date of conviction