23 Sept 2025
MUHAMMAD HAFIZ BIN AB RASHID
- Citation
- B-09-168-07/2024 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- B-09-168-07/2024 (Mahkamah Rayuan)
Conviction quashed because prosecution failed to prove the essential element of entrustment to Akberdin & Co.; documentary wakalah and receipts established that the client had engaged appellant/Irsamuddin Hafiz & Associates and the RM7,000 was not the firm's property; absence of reliable proof that appellant was acting as firm employee at the material time rendered the section 408 conviction unsafe.
- Criminal breach of trust (sections 405, 408)
- Presumption under section 409b
- Documentary evidence (wakalah) - sections 91 and 92 evidence act
- Entrustment/agency
- Appellate review of factual findings