Muhammad Azizul Hakim Bin Hasnan [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Muhammad Azizul Hakim Bin Hasnan [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

The High Court held that the Sessions Court correctly applied the prima facie test, the presumption under s50(1) ASPRM arose and was not rebutted on the balance of probabilities by the appellants, the charges were not defective and adequately reflected joint conduct, the Sessions judgment was reasoned, and the sentences and fines imposed were within proper discretionary limits; accordingly the appeals were dismissed and convictions and sentences affirmed.

Citation
AA-42(R)(A)-2-06/2022 (Mahkamah Tinggi)
Parties
Appellant (perayu Pertama): Muhamad Faisal bin Ahmad Ghapur; Appellant (perayu Kedua): Muhammad Azizul Hakim bin Hasnan; Respondent: Pendakwa Raya
Court
R
Jurisdiction
Malaysia
Judgment Date
26 September 2023
Case Number
AA-42(R)(A)-2-06/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (bribery Under MACC Act 2009) / High Court Appellate Judgment on Appeal From Sessions Court Conviction and Sentence
Outcome
Appeal dismissed; convictions and sentences of Sessions Court affirmed.
Legal Topics
Bribery, Presumption Under S50 ASPRM, Prima Facie Test at Close of Prosecution, Joint Liability/section 34 Penal Code, Speaking Judgment Requirement, Sentencing Discretion
Source Language
Malay/English
Criminal Law Anti‑corruption Law Evidence Law Sentencing Law Bribery Presumption Under S50 ASPRM Prima Facie Test at Close of Prosecution Joint Liability/section 34 Penal Code +2 more

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Parties

Muhamad Faisal bin Ahmad Ghapur

Appellant (perayu Pertama)

Muhammad Azizul Hakim bin Hasnan

Appellant (perayu Kedua)

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (bribery Under MACC Act 2009) / High Court Appellate Judgment on Appeal From Sessions Court Conviction and Sentence

Legal Issues

  1. 1 Whether the charge was defective
  2. 2 Whether a prima facie case was made out at close of prosecution
  3. 3 Whether the presumption under s50(1) ASPRM was rebutted

Ratio Decidendi

The High Court held that the Sessions Court correctly applied the prima facie test, the presumption under s50(1) ASPRM arose and was not rebutted on the balance of probabilities by the appellants, the charges were not defective and adequately reflected joint conduct, the Sessions judgment was reasoned, and the sentences and fines imposed were within proper discretionary limits; accordingly the appeals were dismissed and convictions and sentences affirmed.

Court Disposition

Appeal dismissed; convictions and sentences of Sessions Court affirmed.

Orders

  • Appeal dismissed
  • Convictions and sentences of Sessions Court affirmed: First appellant sentenced to 2 years imprisonment and fined RM10,000; Second appellant sentenced to 1 year imprisonment and fined RM10,000