[ ] NG KHIAN HEE

[ ] NG KHIAN HEE

Prosecution proved all material elements of Sec 4B(a) ARJT 1953 beyond reasonable doubt: eyewitness provokateur evidence placed accused at the counter handling bets and cash, expert witness orally confirmed seized machines were gaming machines of the chance type convertible to cash, and gaps (missing witness/one missing machine in store) were not material or indicative of deliberate suppression; consequently accused convicted and sentenced.

Citation
BL-83-2614-10/2019 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWARAYA; Defendant: NG KHIAN KHEE
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 March 2022
Case Number
BL-83-2614-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal (open Gambling) / Trial Judgment and Sentencing
Outcome
Accused convicted under Seksyen 4B(a) Akta Rumah Judi Terbuka 1953 and sentenced.
Legal Topics
Illegal Gambling Operation, Definition of Gaming Machine, Expert Evidence Admissibility, Chain of Custody, Adverse Inference S114(g), Accomplice Corroboration, Sentencing
Source Language
Malay/English
Criminal Law Gambling Law Evidence Law Procedural Law Illegal Gambling Operation Definition of Gaming Machine Expert Evidence Admissibility Chain of Custody +3 more

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Parties

PENDAKWARAYA

Prosecution

NG KHIAN KHEE

Defendant

Procedural Posture

Criminal (open Gambling) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused operated/controlled gaming machines contrary to Sec 4B(a) Akta Rumah Judi Terbuka 1953
  2. 2 Whether the seized machines were 'gaming machines' (game of chance vs skill)
  3. 3 Admissibility and sufficiency of expert report/evidence

Ratio Decidendi

Prosecution proved all material elements of Sec 4B(a) ARJT 1953 beyond reasonable doubt: eyewitness provokateur evidence placed accused at the counter handling bets and cash, expert witness orally confirmed seized machines were gaming machines of the chance type convertible to cash, and gaps (missing witness/one missing machine in store) were not material or indicative of deliberate suppression; consequently accused convicted and sentenced.

Court Disposition

Accused convicted under Seksyen 4B(a) Akta Rumah Judi Terbuka 1953 and sentenced.

Orders

  • Convicted under Seksyen 4B(a) Akta Rumah Judi Terbuka 1953
  • Imprisonment 6 months from date of conviction