MOHD ZULFADLI BIN NAYAN

MOHD ZULFADLI BIN NAYAN

Prosecution proved beyond reasonable doubt all ingredients of section 165 Penal Code by credible eyewitness and documentary evidence; statutory presumption under MACC Act s50(3) applied and accused failed to rebut it on the balance of probabilities; accused's alibi was inconsistent and uncorroborated and therefore...

Source-derived case information.

Citation
JA-61R-11-05/2021 (Mahkamah Sesyen)
Parties
Appellant: Mohd Zulfadli bin Nayan; Respondent: Public Prosecutor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 May 2025
Case Number
JA-61R-11-05/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Sessions Court / Trial Judgment (conviction and Sentencing) Appeal Filed to High Court
Outcome
Accused convicted under section 165 Penal Code and sentenced to 20 months imprisonment; application for stay of execution disallowed
Legal Topics
Bribery (accepting Valuable Thing), Section 165 Penal Code, Presumption Under MACC Act S50(3), Alibi Defence and S402 a CPC, Sentencing Principles
Criminal Law Anti‑corruption Law Procedural Law Bribery (accepting Valuable Thing) Section 165 Penal Code Presumption Under MACC Act S50(3) Alibi Defence and S402 a CPC Sentencing Principles

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohd Zulfadli bin Nayan

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Sessions Court / Trial Judgment (conviction and Sentencing) Appeal Filed to High Court

Legal Issues

  1. 1 Whether prosecution proved four ingredients of s165 Penal Code beyond reasonable doubt
  2. 2 Whether presumption under s50(3) of the MACC Act applied
  3. 3 Whether accused rebutted presumption on balance of probabilities

Ratio Decidendi

Prosecution proved beyond reasonable doubt all ingredients of section 165 Penal Code by credible eyewitness and documentary evidence; statutory presumption under MACC Act s50(3) applied and accused failed to rebut it on the balance of probabilities; accused's alibi was inconsistent and uncorroborated and therefore rejected; conviction and sentence followed.

Court Disposition

Accused convicted under section 165 Penal Code and sentenced to 20 months imprisonment; application for stay of execution disallowed

Orders

  • Convicted of offence under section 165 Penal Code
  • Sentenced to 20 months imprisonment starting from date sentence passed