AZIZAH BT ABDUL AZIZ

AZIZAH BT ABDUL AZIZ

The accused was a victim-mule who handed her ATM card to obtain a loan and lacked active collusion or overt acts to assist concealment; as a first offender with serious personal mitigation and no benefit from the proceeds, proportionality and public interest required a non-custodial or nominal custodial sanction; therefore she was convicted and sentenced to a fine of RM500 in default of two months imprisonment.

Citation
BH-83-362-04/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Azizah bt Abdul Aziz
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 April 2022
Case Number
BH-83-362-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing (appeal by Prosecution)
Outcome
guilty on plea and convicted
Legal Topics
Section 424 Penal Code, ATM Card Misuse, Victim Mule, Plea of Guilty, Proportionality, Public Interest, First Offender
Source Language
Malay/English
Criminal Law Sentencing Section 424 Penal Code ATM Card Misuse Victim Mule Plea of Guilty Proportionality Public Interest +1 more

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Parties

Public Prosecutor

Prosecutor

Azizah bt Abdul Aziz

Accused

Procedural Posture

Criminal / Sentencing (appeal by Prosecution)

Legal Issues

  1. 1 Whether the account holder's conduct amounted to assisting concealment under s.424 Penal Code
  2. 2 Whether handing over an ATM card for a loan constitutes an overt act or collusion
  3. 3 Appropriate sentence given plea, mitigation (age, illness, financial hardship) and public interest

Ratio Decidendi

The accused was a victim-mule who handed her ATM card to obtain a loan and lacked active collusion or overt acts to assist concealment; as a first offender with serious personal mitigation and no benefit from the proceeds, proportionality and public interest required a non-custodial or nominal custodial sanction; therefore she was convicted and sentenced to a fine of RM500 in default of two months imprisonment.

Court Disposition

guilty on plea and convicted

Orders

  • Fine of RM500.00 in default of payment two months imprisonment
  • Record of conviction entered