PENDAKWARAYA MUHAMMAD NAZRI BIN ABDUL RAHMAN ROMMY BIN MA’ARUF

PENDAKWARAYA MUHAMMAD NAZRI BIN ABDUL RAHMAN ROMMY BIN MA’ARUF

Applying maximum evaluation the court found prosecution proved both elements of extortion: accused put complainant in reasonable fear of SPRM investigation (injury) and thereby dishonestly induced delivery of RM3,000; prosecution witnesses were credible and consistent, defence was unconvincing and contradictory; accordingly conviction under Section 384 Penal Code was proper.

Citation
PC-82-14-11/2017 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Rommy Bin Ma'aruf
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 November 2020
Case Number
PC-82-14-11/2017 (Mahkamah Majistret)
Procedural Posture
Criminal Extortion (section 384 Penal Code) / Judgment and Sentencing (trial Concluded)
Outcome
Accused convicted under Section 384 Penal Code.
Legal Topics
Extortion, Prima Facie, Burden of Proof, Threats and Inducement, Credibility of Witnesses
Source Language
Malay/English
Criminal Law Evidence Sentencing Extortion Prima Facie Burden of Proof Threats and Inducement Credibility of Witnesses

Case Brief

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Parties

Pendakwa Raya

Prosecution

Rommy Bin Ma'aruf

Accused

Procedural Posture

Criminal Extortion (section 384 Penal Code) / Judgment and Sentencing (trial Concluded)

Legal Issues

  1. 1 Whether prosecution proved elements of extortion under Sections 383/384 Penal Code
  2. 2 Whether a prima facie case was established at the close of the prosecution's case under Section 173 Criminal Procedure Code
  3. 3 Credibility and weight of prosecution and defence witnesses

Ratio Decidendi

Applying maximum evaluation the court found prosecution proved both elements of extortion: accused put complainant in reasonable fear of SPRM investigation (injury) and thereby dishonestly induced delivery of RM3,000; prosecution witnesses were credible and consistent, defence was unconvincing and contradictory; accordingly conviction under Section 384 Penal Code was proper.

Court Disposition

Accused convicted under Section 384 Penal Code.

Orders

  • Sentence: fine RM10,000; in default of payment to undergo 24 months imprisonment.
  • Notices of appeal filed by prosecution and defence on 5 and 10 November 2020.