VASANTA A/L AMARASEKERA

VASANTA A/L AMARASEKERA

Court accepted prosecution handwriting experts that questioned signature did not originate from the deceased, found circumstantial facts (sole possession, chain of events, lack of witnesses, surrender of original Will by accused) permitted only the inference that accused forged the signature, held charge was not defective because mens rea elements are defined in the Penal Code and proven by evidence and inference, convicted accused under s467 Penal Code and imposed one year imprisonment; stay of execution granted pending appeal on RM10,000 security.

Citation
WA-83-5340-08/2018 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Vasanta A/L Amarasekera
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 October 2022
Case Number
WA-83-5340-08/2018 (Mahkamah Majistret)
Procedural Posture
Criminal (magistrate Court) / Conviction and Sentencing; Appeal Pending; Stay of Execution Granted
Outcome
Accused convicted of forgery under section 467 Penal Code and sentenced to one year imprisonment; stay of execution pending appeal granted on RM10,000 with one surety
Legal Topics
Forgery, Will/last Testament, Handwriting Expert Evidence, Prima Facie Case, Circumstantial Evidence, Mens Rea (intention), Sentencing, Stay of Execution
Source Language
Malay/English
Criminal Law Evidence Forensic Science Probate and Succession Law Forgery Will/last Testament Handwriting Expert Evidence Prima Facie Case +4 more

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Parties

Public Prosecutor

Prosecutor

Vasanta A/L Amarasekera

Accused

Procedural Posture

Criminal (magistrate Court) / Conviction and Sentencing; Appeal Pending; Stay of Execution Granted

Legal Issues

  1. 1 Whether the questioned signature on the Will was forged
  2. 2 Whether the charge was defective for omission of specific mens rea
  3. 3 Whether circumstantial evidence sufficed to prove the accused forged the Will

Ratio Decidendi

Court accepted prosecution handwriting experts that questioned signature did not originate from the deceased, found circumstantial facts (sole possession, chain of events, lack of witnesses, surrender of original Will by accused) permitted only the inference that accused forged the signature, held charge was not defective because mens rea elements are defined in the Penal Code and proven by evidence and inference, convicted accused under s467 Penal Code and imposed one year imprisonment; stay of execution granted pending appeal on RM10,000 security.

Court Disposition

Accused convicted of forgery under section 467 Penal Code and sentenced to one year imprisonment; stay of execution pending appeal granted on RM10,000 with one surety

Orders

  • Accused convicted under section 467 Penal Code
  • Sentence: one year imprisonment from date of decision