ROKIAH BINTI ABDUL KADIR

ROKIAH BINTI ABDUL KADIR

The charge under s.29(1) was legally defective because the funds alleged to be in the accused's bank account constitute a chose in action (incorporeal right) and do not amount to 'property' or a 'thing' for the purposes of s.29(1); therefore the elements of the offence were not made out and the accused was...

Source-derived case information.

Citation
JI-83-132-03/2024 (Mahkamah Majistret)
Parties
Prosecutor: PENDakwaRAYA; Accused: ROKIAH BINTI ABDUL KADIR
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 March 2024
Case Number
JI-83-132-03/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Magistrate Court / Judgment/disposition (dnaa)
Outcome
Discharged not amounting to acquittal (DNAA)
Legal Topics
Section 29(1) Minor Offences Act 1955, Fraud by False Representation, Chose in Action Vs Tangible Property, Defective Charge, Discharged Not Amounting to Acquittal (dnaa)
Criminal Law Property Law Banking Law Criminal Procedure Section 29(1) Minor Offences Act 1955 Fraud by False Representation Chose in Action Vs Tangible Property Defective Charge +1 more

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Parties

PENDakwaRAYA

Prosecutor

ROKIAH BINTI ABDUL KADIR

Accused

Procedural Posture

Criminal Magistrate Court / Judgment/disposition (dnaa)

  1. 1 Whether money held in a bank account constitutes "property" or a "thing" for the purposes of s.29(1) Minor Offences Act 1955
  2. 2 Whether the charge as framed under s.29(1) is legally sufficient or defective
  3. 3 Whether the accused failed to provide a satisfactory explanation for possession

Ratio Decidendi

The charge under s.29(1) was legally defective because the funds alleged to be in the accused's bank account constitute a chose in action (incorporeal right) and do not amount to 'property' or a 'thing' for the purposes of s.29(1); therefore the elements of the offence were not made out and the accused was discharged not amounting to acquittal.

Court Disposition

Discharged not amounting to acquittal (DNAA)

Orders

  • Accused discharged not amounting to acquittal (DNAA) from the charge under s.29(1) Akta Kesalahan Kecil 1955