FIRDAUS RIZAL BIN ABDUL MANAN

FIRDAUS RIZAL BIN ABDUL MANAN

Given prolonged and repeated breaches of trust over years resulting in substantial losses to multiple victims, absence of restitution, and offences involving different parties and transactions, the court imposed substantive punishment for each count and ordered custodial sentences to run separately. Mitigating factors (guilty plea, health, family dependence) were acknowledged but did not outweigh the gravity, scale and multiplicity of offences; therefore the appropriate sentence was two years' imprisonment, two strokes and RM10,000 fine (or six months' imprisonment in default) for each of the nine counts, with imprisonment to run separately for each count.

Citation
AC-62K-3-05/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Defendant: Firdaus Rizal bin Abdul Manan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 December 2025
Case Number
AC-62K-3-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Breach of Trust Under Section 409 Penal Code / Sentencing Following Guilty Pleas; Defendant Has Filed Appeal Against Sentence
Outcome
Defendant convicted; sentenced on nine counts to two years' imprisonment, two strokes of the cane and a fine of RM10,000 for each count; imprisonment to run separately for each count; default imprisonment of six months for each fine unpaid.
Legal Topics
Breach of Trust (s.409 Penal Code), Sentencing Principles, Consecutive Vs Concurrent Sentences, Mitigation Factors, Restitution and Victims' Losses
Source Language
Malay/English
Criminal Law Fraud and Breach of Trust Professional Misconduct Sentencing Breach of Trust (s.409 Penal Code) Sentencing Principles Consecutive Vs Concurrent Sentences Mitigation Factors +1 more

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Parties

Public Prosecutor

Prosecutor

Firdaus Rizal bin Abdul Manan

Defendant

Procedural Posture

Criminal Breach of Trust Under Section 409 Penal Code / Sentencing Following Guilty Pleas; Defendant Has Filed Appeal Against Sentence

Legal Issues

  1. 1 Whether concurrent or consecutive sentences are appropriate for multiple breach of trust offences committed at different times
  2. 2 Appropriate quantum of imprisonment, caning and fine given large aggregate losses and prolonged misconduct
  3. 3 Proper weight to give to mitigation: guilty plea, health, age, family dependence and lack of means

Ratio Decidendi

Given prolonged and repeated breaches of trust over years resulting in substantial losses to multiple victims, absence of restitution, and offences involving different parties and transactions, the court imposed substantive punishment for each count and ordered custodial sentences to run separately. Mitigating factors (guilty plea, health, family dependence) were acknowledged but did not outweigh the gravity, scale and multiplicity of offences; therefore the appropriate sentence was two years' imprisonment, two strokes and RM10,000 fine (or six months' imprisonment in default) for each of the nine counts, with imprisonment to run separately for each count.

Court Disposition

Defendant convicted; sentenced on nine counts to two years' imprisonment, two strokes of the cane and a fine of RM10,000 for each count; imprisonment to run separately for each count; default imprisonment of six months for each fine unpaid.

Orders

  • Convicted on nine counts of breach of trust under s.409 Penal Code.
  • For each count: two years' imprisonment, two strokes of the cane, and a fine of RM10,000 (in default six months' imprisonment).