FATIMAH BINTI MOHD SA'OD

FATIMAH BINTI MOHD SA'OD

Accused convicted under s.424 Penal Code but due to plea of guilty, first offender status, nominal culpability as a 'victim-mule' who handed over her account without knowledge, and absence of proven overt collusive acts, a proportionate sentence of a RM2000 fine in default two months imprisonment was appropriate to serve public interest while avoiding immediate imprisonment.

Citation
BH-83-364-04/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Fatimah binti Mohd Sa'od
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 April 2022
Case Number
BH-83-364-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (section 424 Penal Code) / Conviction and Sentencing (magistrate Court)
Outcome
Accused convicted as charged and sentenced to a fine of RM2000 in default of payment two months imprisonment.
Legal Topics
Section 424 Penal Code, Concealment of Property, Money Mule Liability, Fraud, Mitigation, Public Interest, Proportionality
Source Language
Malay/English
Criminal Law Penal Code Sentencing Section 424 Penal Code Concealment of Property Money Mule Liability Fraud Mitigation +2 more

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Parties

Public Prosecutor

Prosecutor

Fatimah binti Mohd Sa'od

Accused

Procedural Posture

Criminal (section 424 Penal Code) / Conviction and Sentencing (magistrate Court)

Legal Issues

  1. 1 Whether the accused's handing over of her bank account amounted to assisting concealment under s.424 Penal Code
  2. 2 Appropriate sentence given plea of guilty, first offender status, amount involved and public interest
  3. 3 Degree of culpability of an account-holder who surrendered ATM card/account to third parties

Ratio Decidendi

Accused convicted under s.424 Penal Code but due to plea of guilty, first offender status, nominal culpability as a 'victim-mule' who handed over her account without knowledge, and absence of proven overt collusive acts, a proportionate sentence of a RM2000 fine in default two months imprisonment was appropriate to serve public interest while avoiding immediate imprisonment.

Court Disposition

Accused convicted as charged and sentenced to a fine of RM2000 in default of payment two months imprisonment.

Orders

  • Convicted under Section 424 Penal Code.
  • Pay fine RM2000; in default, two months imprisonment.