AMAR SUGUMAR BIN ABDULLAH

AMAR SUGUMAR BIN ABDULLAH

The charge under s.29(1) Akta Kesalahan Kecil 1955 was defective because the monies alleged to be in the accused's bank account constitute a chose in action (incorporeal right) and do not amount to "property" or a "thing" within the meaning of s.29(1); accordingly the facts and charge did not disclose an offence and the accused was discharged not amounting to acquittal, following binding High Court precedents.

Citation
JI-83-145-03/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWARAYA; Defendant: AMAR SUGUMAR BIN ABDULLAH
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 March 2024
Case Number
JI-83-145-03/2024 (Mahkamah Majistret)
Procedural Posture
Criminal (small Offences Act 1955) / Magistrate Judgment
Outcome
discharged not amounting to acquittal (DNAA)
Legal Topics
Possession, Chose in Action, Defective Charge, Section 29(1) Akta Kesalahan Kecil 1955, Discharge Not Amounting to Acquittal
Source Language
Malay/English
Criminal Law Statutory Interpretation Procedural Law Banking Law Possession Chose in Action Defective Charge Section 29(1) Akta Kesalahan Kecil 1955 +1 more

Case Brief

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Parties

PENDAKWARAYA

Prosecution

AMAR SUGUMAR BIN ABDULLAH

Defendant

Procedural Posture

Criminal (small Offences Act 1955) / Magistrate Judgment

Legal Issues

  1. 1 Whether monies in a bank account constitute "property" under s.29(1) Akta Kesalahan Kecil 1955
  2. 2 Whether the charge as drafted disclosed an offence under s.29(1)
  3. 3 Whether the accused failed to provide a satisfactory explanation for possession of the monies

Ratio Decidendi

The charge under s.29(1) Akta Kesalahan Kecil 1955 was defective because the monies alleged to be in the accused's bank account constitute a chose in action (incorporeal right) and do not amount to "property" or a "thing" within the meaning of s.29(1); accordingly the facts and charge did not disclose an offence and the accused was discharged not amounting to acquittal, following binding High Court precedents.

Court Disposition

discharged not amounting to acquittal (DNAA)

Orders

  • Accused Amear Sugumar bin Abdullah discharged not amounting to acquittal from the charge under s.29(1) Akta Kesalahan Kecil 1955
  • Charge struck as defective and no conviction entered