YUSMI BIN ARSHAD [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

YUSMI BIN ARSHAD [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

The High Court upheld the trial judge: the prosecution proved a prima facie case and ultimately proved the offences beyond reasonable doubt by cogent evidence including witnesses, documentary exhibits, admissible recorded telephone conversations and trap money; the defence failed to raise reasonable doubt; convictions and concurrent sentences were therefore proper and affirmed.

Citation
RA-42(R)(A)-3-08/2020 (Mahkamah Tinggi)
Parties
Appellant: Yusmi bin Arshad; Respondent: Pendakwa Raya (Public Prosecutor)
Court
R
Jurisdiction
Malaysia
Judgment Date
15 September 2022
Case Number
RA-42(R)(A)-3-08/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (bribery Under MACC Act) / Appeal Decision (high Court)
Outcome
appeal dismissed; convictions and sentences upheld
Legal Topics
Bribery, Gratification, Prima Facie Case, Admissibility of Recorded Conversations, Appellate Review of Factual Findings, Concurrent Sentencing
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Sentencing Bribery Gratification Prima Facie Case Admissibility of Recorded Conversations +2 more

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Parties

Yusmi bin Arshad

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal (bribery Under MACC Act) / Appeal Decision (high Court)

Legal Issues

  1. 1 whether the prosecution proved a prima facie case on all elements of s21(b) MACC Act
  2. 2 whether the defence raised reasonable doubt at the close of defence
  3. 3 whether the prosecution proved the case beyond reasonable doubt at trial conclusion

Ratio Decidendi

The High Court upheld the trial judge: the prosecution proved a prima facie case and ultimately proved the offences beyond reasonable doubt by cogent evidence including witnesses, documentary exhibits, admissible recorded telephone conversations and trap money; the defence failed to raise reasonable doubt; convictions and concurrent sentences were therefore proper and affirmed.

Court Disposition

appeal dismissed; convictions and sentences upheld

Orders

  • Appeal dismissed in full
  • Convictions on both counts under s21(b) Akta 694 affirmed