Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Entrustment (direct and indirect)

Legal area

Court

23 Nov 2023

Suhana Binti Samad [ ]

Citation

BA-42(R)(A)-3-01/2019 (Mahkamah Tinggi)
Court

R
Case number

BA-42(R)(A)-3-01/2019 (Mahkamah Tinggi)

The High Court held the trial judge's factual findings were reasonable and supported by contemporaneous MyIMMS logs, documentary evidence (official and forged receipts), witness testimony and sampling showing a pattern of improper 'gratis' approvals; these established entrustment (including indirect entrustment) and dishonest misappropriation and common intention under s.34, and absence of CCTV or signature expert did not render the prosecution case unsafe; accordingly convictions and sentences under s.409 (read with s.34) were affirmed.
23 Nov 2023

Zalita Binti Haron [ ]

Citation

BA-42(R)(A)-2-01/2019 (Mahkamah Tinggi)
Court

R
Case number

BA-42(R)(A)-2-01/2019 (Mahkamah Tinggi)

The appellate court upheld the trial judge's findings that the prosecution proved the elements of s.409 (entrustment and dishonest misappropriation) by documentary MyIMMS records, original and forged receipts and supporting witness testimony; entrustment can be indirect; absence of CCTV or expert signature comparison did not undermine the totality of evidence; therefore convictions and sentences were safe and would not be disturbed.