[ ] MOHD KHUZAIRY BIN SHAARI

[ ] MOHD KHUZAIRY BIN SHAARI

The court found the prosecution proved all elements of Section 420: the accused deceived the victim into believing her son was detained and required bail, the victim delivered jewellery and cash as a result, and the accused acted dishonestly to gain those items; the victim's in‑court identification, supported by an identification parade and investigation showing the son was not detained, was reliable and the defence alibi failed to raise a reasonable doubt.

Citation
DH-82-4-10/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: MOHD KHUZAIRY BIN SHAARI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 June 2025
Case Number
DH-82-4-10/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating Under Section 420 Penal Code / Convicted and Sentenced; Appeal Filed
Outcome
Convicted under Section 420 Penal Code; sentenced
Legal Topics
Cheating, Section 420 Penal Code, Identification Evidence, Alibi, Prima Facie Requirement
Source Language
Malay/English
Criminal Law Evidence Sentencing Cheating Section 420 Penal Code Identification Evidence Alibi Prima Facie Requirement

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

MOHD KHUZAIRY BIN SHAARI

Defendant

Procedural Posture

Criminal Cheating Under Section 420 Penal Code / Convicted and Sentenced; Appeal Filed

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 420 Penal Code
  2. 2 Whether identification evidence of victim was of sufficient quality to support conviction
  3. 3 Whether the alibi raised by the defence rebutted the prosecution case

Ratio Decidendi

The court found the prosecution proved all elements of Section 420: the accused deceived the victim into believing her son was detained and required bail, the victim delivered jewellery and cash as a result, and the accused acted dishonestly to gain those items; the victim's in‑court identification, supported by an identification parade and investigation showing the son was not detained, was reliable and the defence alibi failed to raise a reasonable doubt.

Court Disposition

Convicted under Section 420 Penal Code; sentenced

Orders

  • Imprisonment for 16 months from date of conviction
  • One stroke of the rotan (1 sebatan)