PENDAKWARAYA Nor Farah Farhan binti Abdul Fattah

PENDAKWARAYA Nor Farah Farhan binti Abdul Fattah

Bank transaction records corroborated complainant's deposits totaling RM19,160 into accused's accounts; accused failed to produce credible, admissible evidence that the funds were applied to the complainant's trip (documents tendered remained IDD and unproven); AirAsia evidence showed booking number was not paid and tickets were cancelled; statutory presumption under s.409B applied and was not rebutted on balance of probabilities; prosecution proved all elements of s.403 beyond reasonable doubt; accused convicted and sentenced accordingly.

Citation
BL-83-419-03/2018 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor (5 Pendakwa Raya); Accused: Nor Farah Farhan binti Abdul Fattah
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 January 2020
Case Number
BL-83-419-03/2018 (Mahkamah Majistret)
Procedural Posture
Criminal Misappropriation/section 403 Kanun Keseksaan / Judgment at End of Trial (conviction and Sentencing)
Outcome
Accused found guilty and convicted under Section 403 Kanun Keseksaan
Legal Topics
Misappropriation (section 403 Kanun Keseksaan), Prima Facie Test at Close of Prosecution, Statutory Presumption (section 409 B), Alcontara Notice and Duty to Investigate, Sentencing Principles and Section 294 Cr PC
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Misappropriation (section 403 Kanun Keseksaan) Prima Facie Test at Close of Prosecution Statutory Presumption (section 409 B) Alcontara Notice and Duty to Investigate Sentencing Principles and Section 294 Cr PC

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Parties

Public Prosecutor (5 Pendakwa Raya)

Prosecution

Nor Farah Farhan binti Abdul Fattah

Accused

Procedural Posture

Criminal Misappropriation/section 403 Kanun Keseksaan / Judgment at End of Trial (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved each element of offence under s.403 (property belonging to another, dishonest misappropriation, dishonest intent)
  2. 2 Whether a prima facie case existed at close of prosecution
  3. 3 Whether statutory presumption under s.409B arises and whether accused rebutted it

Ratio Decidendi

Bank transaction records corroborated complainant's deposits totaling RM19,160 into accused's accounts; accused failed to produce credible, admissible evidence that the funds were applied to the complainant's trip (documents tendered remained IDD and unproven); AirAsia evidence showed booking number was not paid and tickets were cancelled; statutory presumption under s.409B applied and was not rebutted on balance of probabilities; prosecution proved all elements of s.403 beyond reasonable doubt; accused convicted and sentenced accordingly.

Court Disposition

Accused found guilty and convicted under Section 403 Kanun Keseksaan

Orders

  • Accused convicted under Section 403 Kanun Keseksaan
  • Sentence: imprisonment for 6 months