PENDAKWARAYA Pendakwaraya Zaiton binti Sidek

PENDAKWARAYA Pendakwaraya Zaiton binti Sidek

At the close of the prosecution the evidence established a prima facie case that the accused, as registered account holder, had received and withdrawals were made from the account totalling RM22,600, satisfying the concealment and dishonesty elements for s.424; however after hearing the accused's sworn testimony and...

Source-derived case information.

Citation
BL-83-1030-05/2018 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Complainant: Rafidah binti Mohamed Salleh; Accused: Zaiton binti Sidek
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 January 2020
Case Number
BL-83-1030-05/2018 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial — End of Prosecution and Post‑trial Judgment
Outcome
accused acquitted and discharged
Legal Topics
Concealment of Property, Dishonesty, Prima Facie Test, Charge Particulars, Failure to Call Witness / Non‑production of Evidence, Section 424 Penal Code
Criminal Law Evidence Criminal Procedure Concealment of Property Dishonesty Prima Facie Test Charge Particulars Failure to Call Witness / Non‑production of Evidence +1 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Rafidah binti Mohamed Salleh

Complainant

Zaiton binti Sidek

Accused

Procedural Posture

Criminal / Trial — End of Prosecution and Post‑trial Judgment

  1. 1 Whether prosecution proved a prima facie case of concealment under section 424 Penal Code
  2. 2 Whether the accused acted dishonestly or fraudulently in concealing property
  3. 3 Whether an overt act is required for concealment as charged

Ratio Decidendi

At the close of the prosecution the evidence established a prima facie case that the accused, as registered account holder, had received and withdrawals were made from the account totalling RM22,600, satisfying the concealment and dishonesty elements for s.424; however after hearing the accused's sworn testimony and considering her recorded police statement that she had handed her ATM card and PIN to a third party, the defence raised a reasonable doubt as to exclusive control and dishonest concealment by the accused; prosecution failed to prove guilt beyond reasonable doubt and the accused is acquitted.

Court Disposition

accused acquitted and discharged

Orders

  • Charge amended at close of prosecution to allege concealment of RM22,600.00 (section 424 Penal Code) and read to accused
  • Accused Zaiton binti Sidek is acquitted and discharged of the amended charge under section 424 Penal Code