PENDAKWARAYA PENDAKWARAYA 1. ) HEAVEN BIRD SDN BHD 2. ) FAUZIAH BINTI HAMID DAN NASSIER EID ATEYA ALI

PENDAKWARAYA PENDAKWARAYA 1. ) HEAVEN BIRD SDN BHD 2. ) FAUZIAH BINTI HAMID DAN NASSIER EID ATEYA ALI

Although prosecution established a prima facie case under s.8(2)(c) Act 730 based on seizure and owner verification, the defence evidence created reasonable doubt about quantity and provenance of seized goods, successfully rebutted the statutory presumption on the balance of probabilities and negated common intention as to OKS1, so prosecution failed to prove guilt beyond reasonable doubt and defendants were acquitted.

Citation
WA-63-515 DAN 517 -05/2019 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Defendant (company): Heaven Bird Sdn Bhd; Defendant (director): Fauziah binti Hamid; Defendant (director): Nasser Eid Ateya Ali
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2020
Case Number
WA-63-515 DAN 517 -05/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal (trade Descriptions / Trademark Infringement) / Judgment — Acquittal After Full Trial (defence Succeeded)
Outcome
Defendants acquitted and discharged
Legal Topics
Counterfeit Goods, False Trade Description, Possession for Supply, Presumption of Use (s.8(3) Akta 730), Common Intention (s.34 Penal Code), Prima Facie Test
Source Language
Malay/English
Criminal Law Intellectual Property Evidence Law Counterfeit Goods False Trade Description Possession for Supply Presumption of Use (s.8(3) Akta 730) Common Intention (s.34 Penal Code) +1 more

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Parties

Public Prosecutor

Prosecution

Heaven Bird Sdn Bhd

Defendant (company)

Fauziah binti Hamid

Defendant (director)

Nasser Eid Ateya Ali

Defendant (director)

Procedural Posture

Criminal (trade Descriptions / Trademark Infringement) / Judgment — Acquittal After Full Trial (defence Succeeded)

Legal Issues

  1. 1 Whether prosecution proved offence under s.8(2)(c) Akta Perihal Dagangan (Act 730) beyond reasonable doubt
  2. 2 Whether possession of 4173 units constituted possession for supply under s.12 and s.8(2)(c)
  3. 3 Whether presumption under s.8(3) shifted burden to defence and whether defence rebutted it on balance of probabilities

Ratio Decidendi

Although prosecution established a prima facie case under s.8(2)(c) Act 730 based on seizure and owner verification, the defence evidence created reasonable doubt about quantity and provenance of seized goods, successfully rebutted the statutory presumption on the balance of probabilities and negated common intention as to OKS1, so prosecution failed to prove guilt beyond reasonable doubt and defendants were acquitted.

Court Disposition

Defendants acquitted and discharged

Orders

  • Heaven Bird Sdn Bhd, Fauziah binti Hamid and Nasser Eid Ateya Ali are acquitted and discharged of the charges under s.8(2)(c) Akta Perihal Dagangan (Act 730).