RAMESH RAO A/L GURUGULOO

RAMESH RAO A/L GURUGULOO

Accused was convicted under s.424 but found to be a nominally culpable 'victim‑mule' who handed over his ATM card and did not benefit; as a remorseful first offender with no overt act of collusion proven and in the interests of proportionality and public‑interest sentencing, a modest fine (RM800) in default one‑month imprisonment is an appropriate and lawful sentence.

Citation
BH-83-382-04/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Ramesh Rao a/l Guruguloo
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 April 2022
Case Number
BH-83-382-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Convicted and Sentenced (sentence Appealed by Prosecution)
Outcome
Accused convicted as charged; sentenced to fine with default imprisonment; prosecution appealed against sentence.
Legal Topics
Section 424 Penal Code, Money‑mule/account‑rental Offences, Sentencing Principles, Plea of Guilty, First Offender Mitigation
Source Language
Malay/English
Criminal Law Banking/fraud Section 424 Penal Code Money‑mule/account‑rental Offences Sentencing Principles Plea of Guilty First Offender Mitigation

Case Brief

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Parties

Public Prosecutor

Prosecutor

Ramesh Rao a/l Guruguloo

Accused

Procedural Posture

Criminal / Convicted and Sentenced (sentence Appealed by Prosecution)

Legal Issues

  1. 1 Whether accused's handing over of ATM card and receipt of transactions amounted to assistance in concealment under s.424 Penal Code
  2. 2 Proper sentence having regard to public interest, deterrence, proportionality and accused's mitigating factors
  3. 3 Extent to which negligence in handling ATM card constitutes criminal culpability under s.424

Ratio Decidendi

Accused was convicted under s.424 but found to be a nominally culpable 'victim‑mule' who handed over his ATM card and did not benefit; as a remorseful first offender with no overt act of collusion proven and in the interests of proportionality and public‑interest sentencing, a modest fine (RM800) in default one‑month imprisonment is an appropriate and lawful sentence.

Court Disposition

Accused convicted as charged; sentenced to fine with default imprisonment; prosecution appealed against sentence.

Orders

  • Accused found guilty of the charge under section 424 Penal Code.
  • Sentence: fine RM800.00 in default one‑month imprisonment.