MOHD ZAHARANI BIN HARUN PUBLIC PROSECUTOR

MOHD ZAHARANI BIN HARUN PUBLIC PROSECUTOR

The trial record and documentary evidence (cashbook entries, voucher comparisons and MPM records) plus direct testimony of the victim established beyond reasonable doubt that the impugned receipt was forged and that the appellant dishonestly used it in relation to the RM44,949.15 transaction; the defence explanations (including cautioned statement and witnesses without s.112 statements) did not raise a reasonable doubt, therefore convictions under s.420 and s.471 (punishable under s.467) are upheld.

Citation
AA-42K(A)-1-09/2019 (Mahkamah Tinggi)
Parties
Appellant: Mohd Zaharani bin Harun; Respondent: Public Prosecutor
Court
A
Jurisdiction
Malaysia
Judgment Date
19 April 2021
Case Number
AA-42K(A)-1-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Cheating (s.420 Penal Code), Using Forged Document (s.471 Penal Code), Forgery (s.467 Penal Code), Police Investigation and S.112 CPC Statements, Cautioned Statements and S.182 a CPC, Prima Facie Standard and Burden of Proof
Source Language
Malay/English
Criminal Law Evidence Law Administrative Procedure Cheating (s.420 Penal Code) Using Forged Document (s.471 Penal Code) Forgery (s.467 Penal Code) Police Investigation and S.112 CPC Statements Cautioned Statements and S.182 a CPC +1 more

Case Brief

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Parties

Mohd Zaharani bin Harun

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case to call the accused to answer
  2. 2 Whether the impugned receipt was forged
  3. 3 Whether the accused dishonestly used a forged document

Ratio Decidendi

The trial record and documentary evidence (cashbook entries, voucher comparisons and MPM records) plus direct testimony of the victim established beyond reasonable doubt that the impugned receipt was forged and that the appellant dishonestly used it in relation to the RM44,949.15 transaction; the defence explanations (including cautioned statement and witnesses without s.112 statements) did not raise a reasonable doubt, therefore convictions under s.420 and s.471 (punishable under s.467) are upheld.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Convictions on both charges under s.420 and s.471 (punishable under s.467) affirmed
  • Sentences imposed by the Sessions Court upheld