[TIMBALAN ] LOKE CHEE MIN

[TIMBALAN ] LOKE CHEE MIN

The court accepted the guilty pleas, applied s171A CPC to convict on six AMLA counts and take six other AMLA counts into consideration, and sentenced the defendant to two years' imprisonment to run concurrently for the six counts with fines of RM5,000,000 for each count (default 6 months' imprisonment); the custodial sentence was ordered to commence after the expiry of the defendant's existing Kajang sentence, reflecting consideration of statutory limits, mitigation and public interest.

Citation
WA-62K-161-08/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Loke Chee Min
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 February 2021
Case Number
WA-62K-161-08/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Sessions Court / Sentencing (conviction and Sentence Imposed)
Outcome
Defendant convicted and sentenced on specified AMLA counts; remaining related counts taken into consideration and dismissed.
Legal Topics
Money Laundering, Sentencing, Section 171 a Ccr P, Section 420 Penal Code, Default of Fine, Bankruptcy
Source Language
Malay/English
Criminal Law Anti Money Laundering Commercial Crime Criminal Procedure Money Laundering Sentencing Section 171 a Ccr P Section 420 Penal Code +2 more

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Parties

Pendakwa Raya

Prosecution

Loke Chee Min

Defendant

Procedural Posture

Criminal Sessions Court / Sentencing (conviction and Sentence Imposed)

Legal Issues

  1. 1 Whether the defendant committed money laundering under s4(1)(b) AMLA
  2. 2 Appropriate sentence given guilty plea, TIC under s171A and mitigating/aggravating factors
  3. 3 Whether sentences should run concurrently and when imprisonment should commence

Ratio Decidendi

The court accepted the guilty pleas, applied s171A CPC to convict on six AMLA counts and take six other AMLA counts into consideration, and sentenced the defendant to two years' imprisonment to run concurrently for the six counts with fines of RM5,000,000 for each count (default 6 months' imprisonment); the custodial sentence was ordered to commence after the expiry of the defendant's existing Kajang sentence, reflecting consideration of statutory limits, mitigation and public interest.

Court Disposition

Defendant convicted and sentenced on specified AMLA counts; remaining related counts taken into consideration and dismissed.

Orders

  • Convicted on 6 counts under s4(1)(b) Akta 613 (WA-62K-160-08/2020 and WA-62K-161-08/2020).
  • Imprisonment of 2 years for each of the 6 counts, all sentences to run concurrently, commencement from date of expiry of existing Kajang sentence.