ABD. GHANI BIN ISMAIL

ABD. GHANI BIN ISMAIL

The prosecution proved receipt of gratification in circumstances that invoked the statutory presumption under s.42(1) ACA 1997; the accused failed to rebut that presumption on the balance of probabilities; there were no compelling reasons for the appellate court to disturb the trial judge's factual findings or sentence, therefore convictions and sentences are affirmed.

Citation
42(S)-7-01/2013 (Mahkamah Tinggi)
Parties
Appellant: Abd. Ghani bin Ismail; Respondent: Public Prosecutor
Court
S
Jurisdiction
Malaysia
Judgment Date
26 June 2020
Case Number
42(S)-7-01/2013 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Corruption, Gratification, Agency Liability, Statutory Presumptions (s.42 ACA 1997), Appeal Against Conviction and Sentence, Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Anti Corruption Law Administrative/public Law Corruption Gratification Agency Liability Statutory Presumptions (s.42 ACA 1997) Appeal Against Conviction and Sentence +1 more

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Parties

Abd. Ghani bin Ismail

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether accused was an agent of MPAJ for s.11(a) offence
  2. 2 Whether accused received or obtained gratification
  3. 3 Whether gratification was received corruptly invoking s.42(1) ACA 1997 presumption

Ratio Decidendi

The prosecution proved receipt of gratification in circumstances that invoked the statutory presumption under s.42(1) ACA 1997; the accused failed to rebut that presumption on the balance of probabilities; there were no compelling reasons for the appellate court to disturb the trial judge's factual findings or sentence, therefore convictions and sentences are affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence affirmed