29 Mar 2022
YAP KIM HIN
- Citation
- WA-83-10121-12/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-83-10121-12/2019 (Mahkamah Majistret)
On the prosecution evidence as a whole — complainant identification of the original cheque, bank records and bank officers confirming deposit into accused's account, developer's testimony that accused lacked authority, and investigating officer's findings including subsequent withdrawal — the court found every ingredient of s420 proved; the accused failed to discharge the evidential and legal burden to prove the asserted common-practice/commission justification, so conviction followed and a custodial sentence of three years was imposed as proportionate given aggravating and mitigating factors.