MANIMALA A/P MUNIANDY

MANIMALA A/P MUNIANDY

On the totality of evidence the High Court found the 1st appellant guilty of cheating under s420 because the victim was induced by trust to sign blank forms and transfer funds; the 2nd appellant knowingly received and concealed the proceeds in his account and committed offences under s424 and AMLA s4(1)(b); exhibit D21 did not rebut victim's belief and non‑production of CCTV was immaterial; convictions were therefore upheld and the court increased custodial terms for the 2nd appellant for aggravating factors.

Citation
BA-42K-5-03/2022 (Mahkamah Tinggi)
Parties
Appellant: Manimala A/P Muniandy; Appellant: Vinoad a/l Sadasivam; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 January 2023
Case Number
BA-42K-5-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Conviction and Sentence / High Court Appellate Judgment on Appeal From Session Court (convictions Upheld; Sentence Varied)
Outcome
Appeals against conviction dismissed; convictions upheld. Sentence for 2nd appellant under s424 increased from 2 years to 4 years; sentences under AMLA s4(1)(b) increased from 3 years to 4 years each; fines and default terms as per trial court maintained; bail sum unchanged.
Legal Topics
Cheating (section 420 Penal Code), Dishonest Removal/concealment (section 424 Penal Code), Anti‑money Laundering Act 2001 S4(1)(b), Joint Trial, Expert Handwriting Evidence, Non Production of CCTV, Blank Signed Documents
Source Language
Malay/English
Criminal Law Anti Money Laundering Banking Law Evidence Law Cheating (section 420 Penal Code) Dishonest Removal/concealment (section 424 Penal Code) Anti‑money Laundering Act 2001 S4(1)(b) Joint Trial +3 more

Case Brief

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Parties

Manimala A/P Muniandy

Appellant

Vinoad a/l Sadasivam

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal Against Conviction and Sentence / High Court Appellate Judgment on Appeal From Session Court (convictions Upheld; Sentence Varied)

Legal Issues

  1. 1 Whether the 1st appellant dishonestly induced the victim by marketing a fictitious fixed deposit promotion (s420)
  2. 2 Whether absence of CCTV undermines finding that the victim signed blank forms at the bank
  3. 3 Whether the amended charge against the 2nd appellant using the word 'menerima' fits the offence under s424 Penal Code

Ratio Decidendi

On the totality of evidence the High Court found the 1st appellant guilty of cheating under s420 because the victim was induced by trust to sign blank forms and transfer funds; the 2nd appellant knowingly received and concealed the proceeds in his account and committed offences under s424 and AMLA s4(1)(b); exhibit D21 did not rebut victim's belief and non‑production of CCTV was immaterial; convictions were therefore upheld and the court increased custodial terms for the 2nd appellant for aggravating factors.

Court Disposition

Appeals against conviction dismissed; convictions upheld. Sentence for 2nd appellant under s424 increased from 2 years to 4 years; sentences under AMLA s4(1)(b) increased from 3 years to 4 years each; fines and default terms as per trial court maintained; bail sum unchanged.

Orders

  • Appeals by both appellants against conviction dismissed and convictions upheld
  • 1st appellant: conviction under section 420 Penal Code affirmed; sentence of 5 years imprisonment from 28/02/2022 and fine RM30,000.00 (default 1 year) maintained