ROS JULIANA BINTI MOHAMED TAMIN

ROS JULIANA BINTI MOHAMED TAMIN

The court found all statutory elements of s.137 were satisfied: offers of investment with promised returns were disseminated from a number linked to the accused, complainant made multiple deposits into a bank account registered to the accused for the stated purpose of purchasing investment 'lots', and Bank Negara confirmed no licence was held; the defence was assessed as afterthought and bare denial and failed to raise reasonable doubt; accordingly the accused was convicted on nine counts under s.137 FSA 2013.

Citation
BA-62K-288-06/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Ros Juliana binti Mohamed Tamin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 February 2025
Case Number
BA-62K-288-06/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (offences Under Financial Services Act 2013) / Conviction and Sentencing After Full Trial (appeal/bail Pending Appeal Granted)
Outcome
Accused convicted on nine counts under s.137 Financial Services Act 2013 and sentenced
Legal Topics
Unlicensed Deposit‑taking, Financial Services Act 2013 S137, Definition of Deposit S136, Prima Facie Standard S173(f) CPC, Sentencing Principles
Source Language
Malay/English
Criminal Law Financial Services Regulation Banking Law Evidence Law Unlicensed Deposit‑taking Financial Services Act 2013 S137 Definition of Deposit S136 Prima Facie Standard S173(f) CPC +1 more

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Parties

Pendakwa Raya

Prosecution

Ros Juliana binti Mohamed Tamin

Accused

Procedural Posture

Criminal (offences Under Financial Services Act 2013) / Conviction and Sentencing After Full Trial (appeal/bail Pending Appeal Granted)

Legal Issues

  1. 1 Whether defendant accepted deposits for investment without a licence contrary to s.137 Financial Services Act 2013
  2. 2 Whether amounts paid by complainant constituted 'deposit' within s.136
  3. 3 Whether prosecution proved case beyond reasonable doubt (prima facie)

Ratio Decidendi

The court found all statutory elements of s.137 were satisfied: offers of investment with promised returns were disseminated from a number linked to the accused, complainant made multiple deposits into a bank account registered to the accused for the stated purpose of purchasing investment 'lots', and Bank Negara confirmed no licence was held; the defence was assessed as afterthought and bare denial and failed to raise reasonable doubt; accordingly the accused was convicted on nine counts under s.137 FSA 2013.

Court Disposition

Accused convicted on nine counts under s.137 Financial Services Act 2013 and sentenced

Orders

  • Convicted on 9 counts under section 137 Financial Services Act 2013.
  • Sentence: Two (2) years imprisonment for each count; all sentences to run concurrently from date of sentencing.