Malaysia Case Law

4 Dec 2019

RITA MAZIHA BINTI PAUZI

Citation

WA-42K-16-10/2018 (Mahkamah Tinggi)

Court

High Court

Case number

WA-42K-16-10/2018 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case because it did not prove the full RM80,000 remittance nor that the business entity Temasik Maju Enterprise did not receive the RM2 million loan; the trial judge misappreciated evidence and therefore should not have called the accused to enter her defence; conviction and sentence are set aside and accused acquitted.

• Cheating s.420 penal code
• Common intention s.34 penal code
• Prima facie case
• Appellate review of factual findings
• Amendment of charge s.158 cpc
• Decision on appeal s.316 cpc