Che Sa'adon Bin Che Yahya [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Che Sa'adon Bin Che Yahya [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

The Court held the conviction stands because the prosecution proved all elements of using a forged document: the accused produced and used receipt P8 to claim RM600, witnesses showed P8 was not issued by the supplier, the accused had sufficient reason to believe the document was forged; the alternative charge framed as 'September 2016' was not fatally defective given the evidential window (17–29 Sept) and no prejudice; implicit permission to prosecute existed where a Deputy Public Prosecutor conducted the case; trial findings on credibility were entitled to deference. Therefore the appeals against conviction and sentence were dismissed and the High Court sentence (1 week imprisonment from...

Citation
T-06B-38-05/2022 (Mahkamah Rayuan)
Parties
Perayu / Appellant: Che Sa'adon bin Che Yahya; Respondent / Public Prosecutor: Pendakwa Raya
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
9 January 2025
Case Number
T-06B-38-05/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Final Judgment of the Court of Appeal
Outcome
Appellant's appeals against conviction and sentence dismissed; conviction under alternative charge upheld and High Court sentence of 1 week imprisonment from 11 May 2022 and fine RM10,000 (nine months imprisonment if unpaid) maintained.
Legal Topics
Use of Forged Document (s.471 Penal Code), Making a False Document (s.464 Penal Code), Forgery Punishment (s.465 Penal Code), Permission to Prosecute Under MACC Act S.58, Alteration/addition of Charges (cpc Ss.158‑159), Recall of Witnesses (cpc S.162), Deference to Trial Judge on Credibility
Source Language
Malay/English
Criminal Law Procedural Law Anti‑corruption Law Administrative Law (prosecution Discretion) Use of Forged Document (s.471 Penal Code) Making a False Document (s.464 Penal Code) Forgery Punishment (s.465 Penal Code) Permission to Prosecute Under MACC Act S.58 +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Che Sa'adon bin Che Yahya

Perayu / Appellant

Pendakwa Raya

Respondent / Public Prosecutor

Procedural Posture

Criminal Appeal / Final Judgment of the Court of Appeal

Legal Issues

  1. 1 Whether the alternative charge was fatally defective for failing to specify a precise date
  2. 2 Whether written permission to prosecute under s.58 MACC was required for the alternative charge
  3. 3 Whether introduction of the alternative charge after most prosecution witnesses had testified prejudiced the accused's right to a fair trial

Ratio Decidendi

The Court held the conviction stands because the prosecution proved all elements of using a forged document: the accused produced and used receipt P8 to claim RM600, witnesses showed P8 was not issued by the supplier, the accused had sufficient reason to believe the document was forged; the alternative charge framed as 'September 2016' was not fatally defective given the evidential window (17–29 Sept) and no prejudice; implicit permission to prosecute existed where a Deputy Public Prosecutor conducted the case; trial findings on credibility were entitled to deference. Therefore the appeals against conviction and sentence were dismissed and the High Court sentence (1 week imprisonment from...

Court Disposition

Appellant's appeals against conviction and sentence dismissed; conviction under alternative charge upheld and High Court sentence of 1 week imprisonment from 11 May 2022 and fine RM10,000 (nine months imprisonment if unpaid) maintained.

Orders

  • Appeals T-06B-38-05/2022 and T-06B-39-05/2022 dismissed
  • Conviction on alternative charge under s.471/465 Penal Code affirmed