Mohd Hafizan bin Khalid

Mohd Hafizan bin Khalid

Prosecution proved all statutory ingredients: the accused, an officer of a public body, corruptly received RM2,500 as gratification after the unauthorised container was released; documentary and witness evidence established the meat was unauthorised and that the accused could effect release via SMK; s50(1) presumption applied and the accused failed to rebut it on the balance of probabilities; conviction and sentence followed.

Citation
JA-61R-9-05/2021 (Mahkamah Sesyen)
Parties
Accused: Mohd Hafizan bin Khalid; Prosecution: Public Prosecutor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 July 2025
Case Number
JA-61R-9-05/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Corruption (macc Act 2009) / Sessions Court Conviction and Sentencing; Appeal to High Court Pending
Outcome
Accused convicted under s16(a)(B) MACC Act 2009; sentenced to imprisonment and fine.
Legal Topics
Bribery, Gratification, Statutory Presumption (s50), Burden of Proof and Rebuttal, Procedure (browne V Dunn), Sentencing and Deterrence
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Administrative Law Bribery Gratification Statutory Presumption (s50) Burden of Proof and Rebuttal +2 more

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Parties

Mohd Hafizan bin Khalid

Accused

Public Prosecutor

Prosecution

Procedural Posture

Criminal Corruption (macc Act 2009) / Sessions Court Conviction and Sentencing; Appeal to High Court Pending

Legal Issues

  1. 1 Whether the accused corruptly received gratification under s16(a)(B) MACC Act 2009
  2. 2 Whether the gratification was a reward for releasing container CRSU6010321 carrying unauthorised frozen meat
  3. 3 Whether the accused was an officer of a public body within the meaning of the Act

Ratio Decidendi

Prosecution proved all statutory ingredients: the accused, an officer of a public body, corruptly received RM2,500 as gratification after the unauthorised container was released; documentary and witness evidence established the meat was unauthorised and that the accused could effect release via SMK; s50(1) presumption applied and the accused failed to rebut it on the balance of probabilities; conviction and sentence followed.

Court Disposition

Accused convicted under s16(a)(B) MACC Act 2009; sentenced to imprisonment and fine.

Orders

  • Convicted of offence under s16(a)(B) MACC Act 2009
  • Imprisonment for 3 years commencing from date sentence passed