Tan Tai Kwan

Tan Tai Kwan

The court found the prosecution had established a prima facie case; the statutory presumption under Section 50 applied and the accused failed to rebut it on the required standard; the evidence of the JPN officer and SPRM officers was credible and corroborative; the Sessions Court erred in acquitting after calling the accused to defend; conviction under Section 17(b) MACC Act 2009 was entered and sentence of 1 day imprisonment and RM30,000 fine (6 months imprisonment if unpaid) was imposed after balancing public interest and mitigating factors.

Citation
WA-42R-2-04/2021 (Mahkamah Tinggi)
Parties
Defendant: Tan Tai Kwan; Prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 March 2023
Case Number
WA-42R-2-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal Against Acquittal and Sentence
Outcome
Prosecution appeal allowed; acquittal set aside; accused convicted and sentenced
Legal Topics
Bribery, Statutory Presumption (section 50), Rebuttal of Presumption, Credibility of Witnesses, Sentencing Principles
Source Language
Malay/English
Criminal Law Anti Corruption Administrative Law Bribery Statutory Presumption (section 50) Rebuttal of Presumption Credibility of Witnesses Sentencing Principles

Case Brief

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Parties

Tan Tai Kwan

Defendant

Pendakwa Raya

Prosecutor

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal Against Acquittal and Sentence

Legal Issues

  1. 1 Whether a prima facie case of bribery was established
  2. 2 Whether the statutory presumption under Section 50 MACC Act applied and was rebutted
  3. 3 Whether the Sessions Judge erred in acquitting after calling the accused to defend

Ratio Decidendi

The court found the prosecution had established a prima facie case; the statutory presumption under Section 50 applied and the accused failed to rebut it on the required standard; the evidence of the JPN officer and SPRM officers was credible and corroborative; the Sessions Court erred in acquitting after calling the accused to defend; conviction under Section 17(b) MACC Act 2009 was entered and sentence of 1 day imprisonment and RM30,000 fine (6 months imprisonment if unpaid) was imposed after balancing public interest and mitigating factors.

Court Disposition

Prosecution appeal allowed; acquittal set aside; accused convicted and sentenced

Orders

  • Acquittal by Sessions Court set aside
  • Accused convicted of offence under Section 17(b) Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009