Malaysia Case Law: Decisions & Judgments

11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation: NA-62K-118-12/2021 (Mahkamah Sesyen)
Court: Sessions Court
Case number: NA-62K-118-12/2021 (Mahkamah Sesyen)

The prosecution failed to establish a prima facie case on all counts: for s.409 the element of dishonest misappropriation (intent/curang) was not proven; for s.468 prosecution did not prove the cheques were forged by the accused or that the forged documents were used to cheat (handwriting expert evidence was contradictory and no direct evidence that accused forged signatures); for s.4(1)(b) AMLA prosecution failed to prove predicate unlawful proceeds and the accused's knowledge or reasonable suspicion. On that basis the court was not prepared to convict if accused remained silent and discharg…

CHOONG THIM KHAN

Citation

AA-62K-4-02/2020 (Mahkamah Sesyen)

Court

Sessions Court

Case number

AA-62K-4-02/2020 (Mahkamah Sesyen)

The court acquitted because the prosecution failed to prove essential ingredients of section 408: it did not prove the accused was a clerk or servant of the company, was entrusted with the cheques or had dominion over them, nor did it prove dishonest disposal or authorship of signatures; consequently no prima facie case existed to require the accused to enter defence.