MOHAMAD SUHAIMY BIN ABDUL SAMAD

MOHAMAD SUHAIMY BIN ABDUL SAMAD

Prosecution failed to prove a prima facie case: evidence did not establish entrustment or dishonest misappropriation by the accused and investigations were materially incomplete; accordingly accused was discharged and acquitted without being called to enter defence under s.409 Kanun Keseksaan.

Citation
PB-62K-20-08/2021 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWARAYA; Defendant: MOHAMAD SUHAIMY BIN ABDUL SAMAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 October 2022
Case Number
PB-62K-20-08/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Pecah Amanah (criminal Breach of Trust) / End of Prosecution's Case; Accused Discharged and Acquitted Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted; prima facie case not made out at close of prosecution
Legal Topics
Criminal Breach of Trust, Entrustment, Prima Facie Standard, Presumption Under S.409 B, Investigative Adequacy, Burden of Proof at Close of Prosecution
Source Language
Malay/English
Criminal Law Company Law Evidence Law Criminal Breach of Trust Entrustment Prima Facie Standard Presumption Under S.409 B Investigative Adequacy +1 more

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Parties

PENDAKWARAYA

Prosecutor

MOHAMAD SUHAIMY BIN ABDUL SAMAD

Defendant

Procedural Posture

Criminal Pecah Amanah (criminal Breach of Trust) / End of Prosecution's Case; Accused Discharged and Acquitted Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the accused was entrusted with or had dominion over the funds
  2. 2 Whether the accused dishonestly misappropriated or converted the funds (dishonest intent)
  3. 3 Whether the prosecution adduced a prima facie case to call the accused to defend

Ratio Decidendi

Prosecution failed to prove a prima facie case: evidence did not establish entrustment or dishonest misappropriation by the accused and investigations were materially incomplete; accordingly accused was discharged and acquitted without being called to enter defence under s.409 Kanun Keseksaan.

Court Disposition

Accused discharged and acquitted; prima facie case not made out at close of prosecution

Orders

  • Accused MOHAMAD SUHAIMY BIN ABDUL SAMAD is released and acquitted of all charges under Section 409 Kanun Keseksaan without being called to enter defence