CHOONG THIM KHAN

CHOONG THIM KHAN

The court acquitted because the prosecution failed to prove essential ingredients of section 408: it did not prove the accused was a clerk or servant of the company, was entrusted with the cheques or had dominion over them, nor did it prove dishonest disposal or authorship of signatures; consequently no prima facie case existed to require the accused to enter defence.

Citation
AA-62K-4-02/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Choong Thim Khan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 February 2023
Case Number
AA-62K-4-02/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial / Prosecution Appeal Against Acquittal and Discharge at End of Prosecution Case (no Defence Called)
Outcome
Accused discharged and acquitted on all 10 charges
Legal Topics
Criminal Breach of Trust, Section 408 Penal Code, Section 405 Penal Code, Entrustment of Property, Prima Facie Standard, Forensic Signature Evidence
Source Language
Malay/English
Criminal Law Penal Code Evidence Law Criminal Breach of Trust Section 408 Penal Code Section 405 Penal Code Entrustment of Property Prima Facie Standard +1 more

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Parties

Public Prosecutor

Prosecutor

Choong Thim Khan

Accused

Procedural Posture

Criminal Trial / Prosecution Appeal Against Acquittal and Discharge at End of Prosecution Case (no Defence Called)

Legal Issues

  1. 1 Whether the accused was a clerk or servant of the company
  2. 2 Whether the accused was entrusted with the company's property or had dominion over the cheques
  3. 3 Whether the accused dishonestly misappropriated/ disposed of the cheques amounting to criminal breach of trust

Ratio Decidendi

The court acquitted because the prosecution failed to prove essential ingredients of section 408: it did not prove the accused was a clerk or servant of the company, was entrusted with the cheques or had dominion over them, nor did it prove dishonest disposal or authorship of signatures; consequently no prima facie case existed to require the accused to enter defence.

Court Disposition

Accused discharged and acquitted on all 10 charges

Orders

  • Accused discharged and acquitted without being called to enter his defence on all 10 charges