Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Acceptance of gratification

Legal area

Court

9 Dec 2024

Abu Bakar Bin Mohd Yusof [ ]

Citation

B-06B-60-11/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-06B-60-11/2022 (Mahkamah Rayuan)

Prosecution proved receipt of accommodation and marked cash; statutory presumption under s50(1) MACC Act applied to deem the gratification corrupt; the accused failed to rebut that presumption on balance of probabilities; trial judge’s credibility findings of key prosecution witnesses were reasonable and unassailable on appeal, therefore convictions and sentences are upheld.
17 Dec 2019

LOGESHVARAN A/L SEGARAN

Citation

JA-61R-2-03/2017 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-61R-2-03/2017 (Mahkamah Sesyen)

Prosecution proved the essential elements of the offences by credible eyewitness testimony, recorded communications and marked-money exchange; the statutory presumption under section 50 ASPRM applied and the accused failed to rebut it; consequent conviction under section 16 ASPRM (and alternatively section 165 Penal Code) was warranted and sentencing within statutory limits was appropriate.