NOR SHABUDIN BIN MONIL

NOR SHABUDIN BIN MONIL

Prosecution proved beyond reasonable doubt that the accused used and enjoyed an unrecognised foreign honour and possessed a name card bearing the Selangor state emblem without permission; the accused's denials and afterthought explanations failed to raise reasonable doubt, entitling conviction on both counts and...

Source-derived case information.

Citation
BL-62-22-05/2021 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: NOR SHABUDIN BIN MONIL
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 August 2024
Case Number
BL-62-22-05/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal Judgment
Outcome
Convicted on both counts
Legal Topics
Unrecognised Foreign Honours, Use of State Emblem, Admissibility of Documents, Burden of Proof Prima Facie, Sentencing Deterrence Vs Rehabilitation
Criminal Law Evidence Law Administrative Law (use of Official Emblems) Unrecognised Foreign Honours Use of State Emblem Admissibility of Documents Burden of Proof Prima Facie Sentencing Deterrence Vs Rehabilitation

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Summary, issues, holding and outcome

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Parties

PENDAKWA RAYA

Prosecution

NOR SHABUDIN BIN MONIL

Defendant

Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal Judgment

Legal Issues

  1. 1 Whether accused used and enjoyed an unrecognised foreign award
  2. 2 Whether accused possessed/used a name card bearing the Selangor state emblem for personal purposes without permission
  3. 3 Whether prosecution proved both offences prima facie under s.173(h) CPC and relevant statutes

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the accused used and enjoyed an unrecognised foreign honour and possessed a name card bearing the Selangor state emblem without permission; the accused's denials and afterthought explanations failed to raise reasonable doubt, entitling conviction on both counts and imposition of concurrent 12‑month imprisonment.

Court Disposition

Convicted on both counts

Orders

  • Convicted of offence under Section 12(2) Akta 787 and of offence under Section 3(1)(A) Enakmen Lambang-Lambang dan Nama-nama (Pindaan) 2016
  • Sentenced to 12 months' imprisonment on each count; sentences to run concurrently from date of conviction