Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Non-production of cctv

Legal area

Court

17 Jan 2023

VINOAD A/L SADASIVAM

Citation

BA-42K-6-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42K-6-03/2022 (Mahkamah Tinggi)

The High Court upheld the convictions because the prosecution proved beyond reasonable doubt that the 1st appellant dishonestly induced the victim to transfer funds by exploiting trust and blank forms, and the 2nd appellant received, concealed and moved the proceeds in his account (s424) and thereby received proceeds of unlawful activity under AMLA; the amended wording did not vitiate s424 liability; evidentiary gaps (CCTV, non‑called recipients) were immaterial; sentences for the 2nd appellant were increased for aggravating factors.
17 Jan 2023

MANIMALA A/P MUNIANDY

Citation

BA-42K-5-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42K-5-03/2022 (Mahkamah Tinggi)

On the totality of evidence the High Court found the 1st appellant guilty of cheating under s420 because the victim was induced by trust to sign blank forms and transfer funds; the 2nd appellant knowingly received and concealed the proceeds in his account and committed offences under s424 and AMLA s4(1)(b); exhibit D21 did not rebut victim's belief and non‑production of CCTV was immaterial; convictions were therefore upheld and the court increased custodial terms for the 2nd appellant for aggravating factors.