Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dishonest inducement

  • 8 May 2024

    MOHAMED NOOR BIN MOHAMED AMIN

    Citation
    WA-62K-226-11/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-226-11/2021 (Mahkamah Sesyen)

    Prosecution established beyond reasonable doubt all elements of s.420: the complainant was induced by the accused to transfer RM400,000 on the false premise of a share purchase, the accused obtained the benefit and the complainant suffered loss; defence failed to raise reasonable doubt; accordingly accused convicted on all amended charges and sentenced to concurrent imprisonment terms (3 years, 4 years and 4 years) with no whipping and no fine given the accused's age and financial position.

  • 21 Nov 2022

    Mat Aris Bin Saad

    Citation
    TA-83-253-07/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-253-07/2019 (Mahkamah Majistret)

    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.

  • 28 Jul 2021

    PENDAKWARAYA MOHD LIZA AZMIE BIN MD DARUS

    Citation
    NA-62K-01-01/2016; NA-62K-02-01/2016; NA-62K-03-01/2016; NA-62K-04-01/2016 & NA-62K-05-01/2016 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-62K-01-01/2016; NA-62K-02-01/2016; NA-62K-03-01/2016; NA-62K-04-01/2016 & NA-62K-05-01/2016 (Mahkamah Sesyen)

    Prosecution failed to prove the essential elements of section 420 beyond reasonable doubt because (1) material inconsistencies existed in witness accounts about whether defendant represented himself as agent, where and to whom cash was handed, and timing of transactions; (2) several bank deposits bore non-investment descriptions or were into accounts of Aboy, undermining allegation that payments were investments into Seputeh Resources and that defendant received them; (3) critical seized ledger books were not produced to defence and thus the evidential trail was incomplete; and (4) recordings…