SAHARUDDIN BIN AWANG YAHYA

SAHARUDDIN BIN AWANG YAHYA

The High Court found the prosecution failed to prove the charges as laid because evidence established the disputed Dato’ titles were conferred by PKDRK (a society) and not by the State of Kelantan as charged, victims’ evidence showed many knew the titles were PKDRK titles or were misled by a third party rather than the accused, and the trial judge failed to properly consider victims' testimony; accordingly convictions and sentences were unsafe and were set aside, and the accused were acquitted and discharged.

Citation
WA-42K-11-05/2018 (Mahkamah Tinggi)
Parties
Appellant: Saharuddin bin Awang Yahya; Appellant: Norzihan binti Zainal Abidin; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 September 2019
Case Number
WA-42K-11-05/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal From Sessions Court, High Court Judgment on Appeal
Outcome
Appeal by accused allowed; conviction and sentence set aside; accused acquitted and discharged; prosecution appeal dismissed.
Legal Topics
Cheating, Fraud, Titles and Honours, Evidence, Sentence Appeal
Source Language
Malay/English
Criminal Law Cheating Fraud Titles and Honours Evidence Sentence Appeal

Case Brief

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Parties

Saharuddin bin Awang Yahya

Appellant

Norzihan binti Zainal Abidin

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sessions Court, High Court Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution proved the ingredients of cheating under section 420 Penal Code
  2. 2 Whether the alleged Dato’ titles were purportedly conferred by the State of Kelantan as charged
  3. 3 Whether victims were deceived by the accused or by third parties

Ratio Decidendi

The High Court found the prosecution failed to prove the charges as laid because evidence established the disputed Dato’ titles were conferred by PKDRK (a society) and not by the State of Kelantan as charged, victims’ evidence showed many knew the titles were PKDRK titles or were misled by a third party rather than the accused, and the trial judge failed to properly consider victims' testimony; accordingly convictions and sentences were unsafe and were set aside, and the accused were acquitted and discharged.

Court Disposition

Appeal by accused allowed; conviction and sentence set aside; accused acquitted and discharged; prosecution appeal dismissed.

Orders

  • Convictions set aside
  • Sentences set aside