Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Money laundering (amlatfa)

Legal area

Court

2 Nov 2021

NOR BADLI MUNAWIR BIN MOHAMAD ALIAS LAFTI [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

WA-42R-10-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42R-10-10/2019 (Mahkamah Tinggi)

The Sessions Court's findings that (1) the appellant, as authorized signatory/CEO, was entrusted with company funds and directed payments without invoices; (2) cheques were encashed and cash delivered to the appellant; and (3) the primary facts of misappropriation were proved, justified invoking the rebuttable presumption under section 409B(1)(b)(i) which the appellant failed to rebut on balance of probabilities; those facts also established the monies as proceeds of the predicate offence and satisfied the elements of money laundering; convictions on CBT and money laundering are safe though s…
6 Dec 2019

HOW CHEE HONG PUBLIC PROSECUTOR

Citation

WA-42[ORS]-10-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42[ORS]-10-05/2019 (Mahkamah Tinggi)

Money laundering under section 4(1)(a) AMLATFA is a separate and distinct offence from the predicate offence of criminal breach of trust under section 409 Penal Code; statutory provision permits conviction for money laundering regardless of conviction for the predicate offence, therefore an earlier acquittal of the predicate offence does not constitute autrefois acquit or double jeopardy to bar prosecution under AMLATFA; stay was unjustified and was set aside to allow trial to proceed.