1. ) DAYANG KARTINI BINTI AWANG BUJANG 2. ) MARDZIANA BINTI CHE MOHD AMIN
The court held the prosecution proved all elements of forgery under s.468 read with s.463 and established common intention under s.34: P23 was fabricated by OKT2, authorised/endorsed by OKT1 with knowledge services were not supplied, payment was received and diverted, and attempts to manufacture supporting goods afterwards were concealment; conviction and sentence follow.
- Citation
- CA-61R-4-01/2022 (Mahkamah Sesyen)
- Parties
- Prosecutor: Pendakwa Raya; Accused (okt1): Dayang Kartini binti Awang Bujang; Accused (okt2): Mardziana binti Che Mohd Amin
- Court
- Sessions Court
- Jurisdiction
- Malaysia
- Judgment Date
- 24 December 2025
- Case Number
- CA-61R-4-01/2022 (Mahkamah Sesyen)
- Procedural Posture
- Criminal Trial (forgery) / Judgment After Full Trial at End of Defence
- Outcome
- OKT1 (Dayang Kartini binti Awang Bujang) and OKT2 (Mardziana binti Che Mohd Amin) convicted of forgery under s.468 Penal Code read with s.34; charges proven beyond reasonable doubt.
- Legal Topics
- Forgery Under S.468 Penal Code, Common Intention Under S.34 Penal Code, Definition of Forgery S.463 Penal Code, Standard of Proof Beyond Reasonable Doubt, Sentencing Principles and Probation Under S.294 CPC, Forfeiture Under S.40 MACC Act 2009
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Pendakwa Raya
Prosecutor
Dayang Kartini binti Awang Bujang
Accused (okt1)
Mardziana binti Che Mohd Amin
Accused (okt2)
Procedural Posture
Criminal Trial (forgery) / Judgment After Full Trial at End of Defence
Legal Issues
- 1 Whether P23 was a forged document used with intent to cheat the Department
- 2 Whether the elements of forgery under s.468 read with s.463 were proved beyond reasonable doubt
- 3 Whether defendants acted with common intention under s.34
Ratio Decidendi
The court held the prosecution proved all elements of forgery under s.468 read with s.463 and established common intention under s.34: P23 was fabricated by OKT2, authorised/endorsed by OKT1 with knowledge services were not supplied, payment was received and diverted, and attempts to manufacture supporting goods afterwards were concealment; conviction and sentence follow.
Court Disposition
OKT1 (Dayang Kartini binti Awang Bujang) and OKT2 (Mardziana binti Che Mohd Amin) convicted of forgery under s.468 Penal Code read with s.34; charges proven beyond reasonable doubt.
Orders
- OKT1: Imprisonment 6 months from date of judgment and fine RM10,000; in default of payment six months imprisonment
- OKT2: Imprisonment 6 months from date of judgment and fine RM10,000; in default of payment six months imprisonment
Full Case Text
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