TAN SENG HUAT

TAN SENG HUAT

Combined direct witness evidence and forensic handwriting analysis established that signatures of SP1 and SP4 on P3(A), P3(B), P4(A), P4(B) were likely not theirs; accused occupied managerial and directing role and ordered preparation and circulation of the corporate guarantee documents and benefitted from their use to secure bank loans; circumstantial evidence supported inference that accused knew or had reason to believe the documents were forged; technical challenges on duplicity and lack of sanction were irregularities correctable under s.422 CPC and did not cause miscarriage of justice; accordingly prosecution proved both use and the requisite knowledge beyond reasonable doubt and...

Citation
BA-62K-314-09/2021 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: TAN SENG HUAT
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 October 2024
Case Number
BA-62K-314-09/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial and Sentencing / Judgment and Sentencing (conviction)
Outcome
Accused convicted on amended charges under s.471 Penal Code and sentenced to consecutive terms.
Legal Topics
Forgery and Use of Forged Document (s.463 471 Penal Code), Knowledge/reason to Believe (mens Rea), Sanction Requirement (s.129 Cpc), Duplicity and Irregularity (s.163 & S.422 Cpc), Circumstantial Evidence, Stay of Execution Pending Appeal (s.311 Cpc)
Source Language
Malay/English
Criminal Law Evidence Law Company Law Banking Law Forensic Document Examination Forgery and Use of Forged Document (s.463 471 Penal Code) Knowledge/reason to Believe (mens Rea) Sanction Requirement (s.129 Cpc) +3 more

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Parties

PENDAKWA RAYA

Prosecutor

TAN SENG HUAT

Defendant

Procedural Posture

Criminal Trial and Sentencing / Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Whether documents P3(A), P3(B), P4(A), P4(B) were forged or partially forged
  2. 2 Whether accused fraudulently or dishonestly used those documents as genuine contrary to s.471 Penal Code
  3. 3 Whether accused knew or had reason to believe the documents were forged

Ratio Decidendi

Combined direct witness evidence and forensic handwriting analysis established that signatures of SP1 and SP4 on P3(A), P3(B), P4(A), P4(B) were likely not theirs; accused occupied managerial and directing role and ordered preparation and circulation of the corporate guarantee documents and benefitted from their use to secure bank loans; circumstantial evidence supported inference that accused knew or had reason to believe the documents were forged; technical challenges on duplicity and lack of sanction were irregularities correctable under s.422 CPC and did not cause miscarriage of justice; accordingly prosecution proved both use and the requisite knowledge beyond reasonable doubt and...

Court Disposition

Accused convicted on amended charges under s.471 Penal Code and sentenced to consecutive terms.

Orders

  • Convicted on both amended counts under s.471 Penal Code.
  • Count 1: imprisonment 1 year 6 months and a fine of RM10000; default one year imprisonment.