SUGANTHI A/P SANDER KUMAR

SUGANTHI A/P SANDER KUMAR

The charge was defective because the monies in a bank account constitute a chose in action/incorporeal and are not 'property' or a 'thing' within section 29(1) Akta Kesalahan Kecil 1955; therefore the elements of the offence were not made out and the accused is to be discharged not amounting to acquittal.

Citation
JI-83-135-03/2024 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Defendant: Suganthi a/p Sander Kumar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 March 2024
Case Number
JI-83-135-03/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment
Outcome
discharged not amounting to acquittal (DNAA)
Legal Topics
Possession, Chose in Action, Section 29(1) Minor Offences Act 1955, Defective Charge, Discharge Not Amounting to Acquittal
Source Language
Malay/English
Criminal Law Procedure Banking Law Evidence Possession Chose in Action Section 29(1) Minor Offences Act 1955 Defective Charge +1 more

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Parties

PENDAKWARAYA

Prosecutor

Suganthi a/p Sander Kumar

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether money in a bank account constitutes 'property' or a 'thing' under section 29(1) Akta Kesalahan Kecil 1955
  2. 2 Whether the charge as framed sufficiently discloses an offence under section 29(1)
  3. 3 Whether a guilty plea can be accepted where the charge is defective

Ratio Decidendi

The charge was defective because the monies in a bank account constitute a chose in action/incorporeal and are not 'property' or a 'thing' within section 29(1) Akta Kesalahan Kecil 1955; therefore the elements of the offence were not made out and the accused is to be discharged not amounting to acquittal.

Court Disposition

discharged not amounting to acquittal (DNAA)

Orders

  • Accused discharged not amounting to acquittal from the charge under section 29(1) Akta Kesalahan Kecil 1955