Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dishonesty and wrongful gain
  • 26 Sept 2019

    1. SAHARUDDIN BIN AWANG YAHYA 2. NORZIHAN BINTI ZAINAL ABIDIN

    Citation
    WA-42K-13-05/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42K-13-05/2018 (Mahkamah Tinggi)

    Convictions were unsafe because the prosecution failed to prove the essential element of deception as charged: the evidence established the alleged titles derived from PKDRK (a private society) not from the State of Kelantan as alleged in the indictments, many victims acknowledged the PKDRK provenance or attributed payments to charitable donations or to intermediaries, and the trial judge failed to properly assess victims' testimony; accordingly convictions and sentences were set aside and appellants acquitted.