Malaysia Case Law: Decisions & Judgments

Topic

Dishonesty

Legal area

Court

9 Jan 2025

Che Sa'adon Bin Che Yahya [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

T-06B-39-05/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

T-06B-39-05/2022 (Mahkamah Rayuan)

The Court upheld the conviction: the prosecution proved all elements of s.471/465 — appellant used a forged receipt and had reason to believe it was forged; the general date 'September 2016' was sufficient given documentary and witness evidence and did not prejudice defence; implicit consent by the DPP through conduct of a Deputy DPP cured any absence of written sanction for the alternative charge; trial judges properly assessed credibility and their factual findings would not be disturbed absent compelling reasons.
3 Aug 2022

OSMADI BIN SAIFUL BAHRIN

Citation

WA-62K-51-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62K-51-02/2021 (Mahkamah Sesyen)

Prosecution proved beyond reasonable doubt that accused was a clerk/employee entrusted with company funds and had control via shared passwords; bank records and accused's own signed admissions showed RM126,364.25 was transferred from the company account to his personal account, constituting dishonest misappropriation under s.408 Penal Code. Defence was a recent invention and failed to raise reasonable doubt. Conviction under s.408 and sentence were appropriate and lawful.
20 Dec 2021

Kavitha A/p Kalidasan [Timbalan (TPR), Jabatan Peguam Negara]

Citation

WA-41S-39-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41S-39-08/2020 (Mahkamah Tinggi)

The evidence established the accused represented she could secure large business loans and induced the complainants to pay RM33,000 in processing fees though no loan applications were ever made; the accused's explanation that fees were for a bank officer was unproven and inconsistent, police reports were not probative as evidence in trial, defence did not raise reasonable doubt, and therefore convictions under section 420 and the sentences imposed by the Magistrate were safe to be affirmed.
5 Mar 2021

PENDAKWARAYA Timbalan Foong Ting Jun

Citation

BH83-728-06/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH83-728-06/2019 (Mahkamah Majistret)

The court found the investment agreement and subsequent payments evidenced genuine arrangements to secure the artist; there was no evidence of deception at the time of inducement and no dishonest or fraudulent intention by the accused to cause wrongful gain or loss, therefore the essential elements of s.420 Penal Code were not established and the accused was acquitted at the end of the prosecution's case.
10 Jan 2020

PENDAKWARAYA Pendakwaraya Zaiton binti Sidek

Citation

BL-83-1030-05/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83-1030-05/2018 (Mahkamah Majistret)

At the close of the prosecution the evidence established a prima facie case that the accused, as registered account holder, had received and withdrawals were made from the account totalling RM22,600, satisfying the concealment and dishonesty elements for s.424; however after hearing the accused's sworn testimony and considering her recorded police statement that she had handed her ATM card and PIN to a third party, the defence raised a reasonable doubt as to exclusive control and dishonest concealment by the accused; prosecution failed to prove guilt beyond reasonable doubt and the accused is…
26 Sept 2019

NORZIHAN BINTI ZAINAL ABIDIN

Citation

WA-42K-12-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42K-12-05/2018 (Mahkamah Tinggi)

The High Court allowed the accuseds' appeals and set aside convictions and sentences because the prosecution failed to prove the charges as framed: the evidence showed the honours were conferred by PKDRK (a society) not by the State of Kelantan as alleged in the charges, several victims acknowledged the titles were PKDRK titles or that they dealt with intermediaries, and the trial judge failed to properly consider victims' evidence negating deception and culpability; accordingly prosecution did not prove dishonesty/common intention required under s420 Penal Code.

Malaysia Case Law

Che Sa'adon Bin Che Yahya [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

OSMADI BIN SAIFUL BAHRIN

Kavitha A/p Kalidasan [Timbalan (TPR), Jabatan Peguam Negara]

PENDAKWARAYA Timbalan Foong Ting Jun

PENDAKWARAYA Pendakwaraya Zaiton binti Sidek

NORZIHAN BINTI ZAINAL ABIDIN