NOR BADLI MUNAWIR BIN MOHAMAD ALIAS LAFTI [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

NOR BADLI MUNAWIR BIN MOHAMAD ALIAS LAFTI [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

The Sessions Court's findings that (1) the appellant, as authorized signatory/CEO, was entrusted with company funds and directed payments without invoices; (2) cheques were encashed and cash delivered to the appellant; and (3) the primary facts of misappropriation were proved, justified invoking the rebuttable...

Source-derived case information.

Citation
WA-42R-10-10/2019 (Mahkamah Tinggi)
Parties
Appellant: Nor Badli Munawir bin Mohamad alias Latfi; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 November 2021
Case Number
WA-42R-10-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Convictions for criminal breach of trust and money laundering affirmed; appeal against sentence allowed in part
Legal Topics
Criminal Breach of Trust (section 409 Penal Code), Money Laundering (amlatfa), Presumption Under Section 409 B, Credibility of Witnesses, Alibi, Appellate Review of Facts, Sentencing Principles
Criminal Law Anti Money Laundering Corporate/company Law Sentencing Law Criminal Breach of Trust (section 409 Penal Code) Money Laundering (amlatfa) Presumption Under Section 409 B Credibility of Witnesses +3 more

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Parties

Nor Badli Munawir bin Mohamad alias Latfi

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant committed criminal breach of trust under section 409 Penal Code
  2. 2 Whether the appellant committed money laundering under section 4(1)(a) AMLATFA 2001
  3. 3 Whether the rebuttable presumption under section 409B(1)(b)(i) applies and was rebutted

Ratio Decidendi

The Sessions Court's findings that (1) the appellant, as authorized signatory/CEO, was entrusted with company funds and directed payments without invoices; (2) cheques were encashed and cash delivered to the appellant; and (3) the primary facts of misappropriation were proved, justified invoking the rebuttable presumption under section 409B(1)(b)(i) which the appellant failed to rebut on balance of probabilities; those facts also established the monies as proceeds of the predicate offence and satisfied the elements of money laundering; convictions on CBT and money laundering are safe though sentence was reduced on appeal.

Court Disposition

Convictions for criminal breach of trust and money laundering affirmed; appeal against sentence allowed in part

Orders

  • Convictions for all remaining criminal breach of trust and money laundering charges restored (appeal against conviction dismissed)
  • Sentence of 7 years imprisonment for each offence under section 409 Penal Code set aside and substituted with 5 years imprisonment for each CBT offence, to run concurrently