Mat Aris Bin Saad

Mat Aris Bin Saad

Court found beyond reasonable doubt that both accused knowingly misrepresented ownership of state land, induced complainant to pay sums in reliance on those representations, and possessed dishonest intent from the outset; defence explanations were implausible and did not raise reasonable doubt, therefore conviction under Section 420 Kanun Keseksaan was warranted.

Citation
TA-83-253-07/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Zakaria Bin Yaacob; Defendant: Mat Aris Bin Saad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 November 2022
Case Number
TA-83-253-07/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating (section 420 Kanun Keseksaan) / Judgment and Sentencing
Outcome
Both defendants convicted on all counts of cheating under Section 420 Kanun Keseksaan.
Legal Topics
Cheating Under Section 420, Dishonest Inducement, Representation and Ownership, Sentencing and Deterrence
Source Language
Malay/English
Criminal Law Fraud Property Law Cheating Under Section 420 Dishonest Inducement Representation and Ownership Sentencing and Deterrence

Case Brief

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Parties

Pendakwa Raya

Prosecution

Zakaria Bin Yaacob

Defendant

Mat Aris Bin Saad

Defendant

Procedural Posture

Criminal Cheating (section 420 Kanun Keseksaan) / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused dishonestly induced complainant to deliver money by false representation of land ownership
  2. 2 Whether accused had dishonest or fraudulent intention at time of transactions
  3. 3 Whether complainant suffered wrongful loss and accused obtained wrongful gain

Ratio Decidendi

Court found beyond reasonable doubt that both accused knowingly misrepresented ownership of state land, induced complainant to pay sums in reliance on those representations, and possessed dishonest intent from the outset; defence explanations were implausible and did not raise reasonable doubt, therefore conviction under Section 420 Kanun Keseksaan was warranted.

Court Disposition

Both defendants convicted on all counts of cheating under Section 420 Kanun Keseksaan.

Orders

  • TA-83-251-07/2019 (Zakaria Bin Yaacob) Count 1: 24 months imprisonment from conviction date 21 November 2022 and fine RM1,500 in default 2 months imprisonment; whipping exempted under section 289(c) Kanun Tatacara Jenayah.
  • TA-83-251-07/2019 (Zakaria Bin Yaacob) Count 2: 24 months imprisonment from conviction date 21 November 2022 and fine RM1,500 in default 2 months imprisonment; whipping exempted under section 289(c) Kanun Tatacara Jenayah.