PENDAKWARAYA PENDAKWARAYA KUMAR A/L ARUMUGAM

PENDAKWARAYA PENDAKWARAYA KUMAR A/L ARUMUGAM

Conviction set aside because prosecution failed to prove that the accused was an agent of the Hospital personally entrusted with the money; he was an employee of the security company and entrustment must be to the accused in his capacity as agent for s.409 to apply, therefore the essential elements of the offence were not established.

Citation
PA-42S-13-06/2019 & PA-42S-14-06/2019 (Mahkamah Tinggi)
Parties
Appellant/accused: Kumar A/L Arumugam; Respondent/prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2019
Case Number
PA-42S-13-06/2019 & PA-42S-14-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Appeal Against Conviction and Sentence From Sessions Court
Outcome
Appeal allowed; conviction and sentence set aside; accused acquitted
Legal Topics
Criminal Breach of Trust (section 409 Penal Code), Charge Framing Under Section 153(2) CPC, Definition of Agent and Entrustment
Source Language
Malay/English
Criminal Law Criminal Procedure Criminal Breach of Trust (section 409 Penal Code) Charge Framing Under Section 153(2) CPC Definition of Agent and Entrustment

Case Brief

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Parties

Kumar A/L Arumugam

Appellant/accused

Public Prosecutor

Respondent/prosecution

Procedural Posture

Criminal Appeal / High Court Appeal Against Conviction and Sentence From Sessions Court

Legal Issues

  1. 1 Whether the accused was an agent entrusted with money for purposes of section 409 Penal Code
  2. 2 Whether the charges were properly framed in compliance with section 153(2) CPC
  3. 3 Whether prosecution evidence established dishonest misappropriation or conversion to own use

Ratio Decidendi

Conviction set aside because prosecution failed to prove that the accused was an agent of the Hospital personally entrusted with the money; he was an employee of the security company and entrustment must be to the accused in his capacity as agent for s.409 to apply, therefore the essential elements of the offence were not established.

Court Disposition

Appeal allowed; conviction and sentence set aside; accused acquitted

Orders

  • Appeal allowed and conviction set aside
  • Accused acquitted and discharged