PENDAKWARAYA PUBLIC PROSECUTOR MUHAMMAD ZIKRI BIN BASERI

PENDAKWARAYA PUBLIC PROSECUTOR MUHAMMAD ZIKRI BIN BASERI

Prosecution failed to prove the essential element of dishonesty or any overt act by the accused assisting concealment; presence of funds in accused's account and evidence that he gave his ATM card to a third party did not establish mens rea or active participation; therefore no prima facie case existed and the accused was acquitted and discharged at the end of the prosecution's case.

Citation
WA-83-4255-05/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhammad Zikri bin Baseri; Complainant: Tamil Nesan a/l Shanmugam
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 December 2019
Case Number
WA-83-4255-05/2019 (Mahkamah Majistret)
Procedural Posture
Criminal (section 424 Penal Code) / End of Prosecution's Case — Acquitted and Discharged
Outcome
Accused acquitted and discharged at the end of the prosecution's case
Legal Topics
Dishonest Removal or Concealment (s424 Penal Code), Mens Rea/dishonesty (s24 Penal Code), Prima Facie Case, Use of Bank Accounts/atm in Fraud
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Dishonest Removal or Concealment (s424 Penal Code) Mens Rea/dishonesty (s24 Penal Code) Prima Facie Case Use of Bank Accounts/atm in Fraud

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Parties

Public Prosecutor

Prosecution

Muhammad Zikri bin Baseri

Accused

Tamil Nesan a/l Shanmugam

Complainant

Procedural Posture

Criminal (section 424 Penal Code) / End of Prosecution's Case — Acquitted and Discharged

Legal Issues

  1. 1 Whether the accused dishonestly assisted in concealment or removal of property under s424 Penal Code
  2. 2 Whether prosecution proved the requisite mens rea/dishonesty
  3. 3 Whether mere presence of funds in accused's account or handing over of ATM card constitutes overt act/assistance

Ratio Decidendi

Prosecution failed to prove the essential element of dishonesty or any overt act by the accused assisting concealment; presence of funds in accused's account and evidence that he gave his ATM card to a third party did not establish mens rea or active participation; therefore no prima facie case existed and the accused was acquitted and discharged at the end of the prosecution's case.

Court Disposition

Accused acquitted and discharged at the end of the prosecution's case

Orders

  • Accused acquitted and discharged
  • Bail bond sum to be refunded