[Timbalan (TPR), Jabatan Peguam Negara] Marina binti Alias

[Timbalan (TPR), Jabatan Peguam Negara] Marina binti Alias

The court found the prosecution proved beyond reasonable doubt the ingredients of section 420: RM69,260 was delivered, delivery was induced by defendant through false representations about price and agency (supported by WhatsApp messages and testimony), defendant acted dishonestly causing loss to SP4, and defendant's contrary explanations and claim of coercion were not substantiated; accordingly defendant was convicted under section 420 Penal Code and sentenced to two years imprisonment from 10 November 2022 with whipping exempted under section 289(a) Criminal Procedure Code.

Citation
TA-83-41-02/2018 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Marina binti Alias
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 November 2022
Case Number
TA-83-41-02/2018 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
convicted and sentenced
Legal Topics
Cheating Under Section 420 Penal Code, Inducement by Deception, Assessment of Credibility, Sentencing Principles
Source Language
Malay/English
Criminal Law Fraud Evidence Cheating Under Section 420 Penal Code Inducement by Deception Assessment of Credibility Sentencing Principles

Case Brief

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Parties

Pendakwa Raya

Prosecution

Marina binti Alias

Defendant

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved ingredients of section 420 Penal Code: delivery of property, inducement by deception, dishonest intent and resultant loss
  2. 2 Whether defendant acted as agent or falsely represented agency to induce payment
  3. 3 Whether defendant's confession (P4) was voluntary and admissible

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt the ingredients of section 420: RM69,260 was delivered, delivery was induced by defendant through false representations about price and agency (supported by WhatsApp messages and testimony), defendant acted dishonestly causing loss to SP4, and defendant's contrary explanations and claim of coercion were not substantiated; accordingly defendant was convicted under section 420 Penal Code and sentenced to two years imprisonment from 10 November 2022 with whipping exempted under section 289(a) Criminal Procedure Code.

Court Disposition

convicted and sentenced

Orders

  • Convicted under section 420 Penal Code
  • Imprisonment for 2 years from 10 November 2022