1. ) Shahrizal bin Shukor 2. ) 1. ) 2. ) Shahrizal bin Shukor

1. ) Shahrizal bin Shukor 2. ) 1. ) 2. ) Shahrizal bin Shukor

Conviction overturned because prosecution failed to prove all statutory ingredients of section 472: specifically there was insufficient evidence of the appellant's intention that the counterfeit stamps be used to commit a forgery and the medical certificates did not amount to "valuable securities" under section 30, therefore s.467 was not engaged and s.472 was not made out.

Citation
JA-42S-2-02/2019 & JA-42H-4-02/2019 (Mahkamah Tinggi)
Parties
Appellant: Shahrizal bin Shukor; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 August 2020
Case Number
JA-42S-2-02/2019 & JA-42H-4-02/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence (high Court Judgment)
Outcome
Appeal allowed; conviction and sentence set aside; appellant acquitted and discharged; prosecution's cross-appeal dismissed.
Legal Topics
Section 472 Penal Code, Valuable Security (section 30), Ingredients of Offence, Possession and Knowledge, Intention to Commit Forgery
Source Language
Malay/English
Criminal Law Forgery Evidence Section 472 Penal Code Valuable Security (section 30) Ingredients of Offence Possession and Knowledge Intention to Commit Forgery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shahrizal bin Shukor

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence (high Court Judgment)

Legal Issues

  1. 1 Whether the appellant had possession of and knowledge that the rubber stamps were counterfeit
  2. 2 Whether the rubber stamps were made to produce impressions
  3. 3 Whether the prosecution proved the appellant's intention that the stamps be used to commit forgery

Ratio Decidendi

Conviction overturned because prosecution failed to prove all statutory ingredients of section 472: specifically there was insufficient evidence of the appellant's intention that the counterfeit stamps be used to commit a forgery and the medical certificates did not amount to "valuable securities" under section 30, therefore s.467 was not engaged and s.472 was not made out.

Court Disposition

Appeal allowed; conviction and sentence set aside; appellant acquitted and discharged; prosecution's cross-appeal dismissed.

Orders

  • Set aside conviction and sentence of the Sessions Court
  • Acquittal and discharge of the appellant