TAN HUI KIAT PUBLIC PROSECUTOR

TAN HUI KIAT PUBLIC PROSECUTOR

The appeal was dismissed because the High Court deferred to the Sessions Court's credibility findings supported by testimonial and forensic evidence establishing dishonest use of forged cheques under Sections 471 and 467 of the Penal Code, and the sentence imposed was not manifestly excessive nor wrong in principle.

Citation
WA-42R-8-09/2019 (Mahkamah Tinggi)
Parties
Appellant: Tan Hui Kiat; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 February 2021
Case Number
WA-42R-8-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Appellate Judgment on Appeal Against Conviction and Sentence From Sessions Court
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Using Forged Document (section 471), Forgery of Valuable Security (section 467), Assessment of Witness Credibility on Appeal, Standard for Interfering With Sentence
Source Language
Malay/English
Criminal Law Forgery Evidence Appellate Procedure Sentencing Using Forged Document (section 471) Forgery of Valuable Security (section 467) Assessment of Witness Credibility on Appeal +1 more

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Parties

Tan Hui Kiat

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / High Court Appellate Judgment on Appeal Against Conviction and Sentence From Sessions Court

Legal Issues

  1. 1 Whether the High Court should disturb the Sessions Court's findings on credibility and convicting facts
  2. 2 Whether the appellant knowingly used forged cheques contrary to Section 471 read with Section 467 of the Penal Code
  3. 3 Whether the sentence imposed by the Sessions Court was manifestly excessive or wrong in principle

Ratio Decidendi

The appeal was dismissed because the High Court deferred to the Sessions Court's credibility findings supported by testimonial and forensic evidence establishing dishonest use of forged cheques under Sections 471 and 467 of the Penal Code, and the sentence imposed was not manifestly excessive nor wrong in principle.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed and the conviction and sentence of the Sessions Court are affirmed