Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie standard and burden of proof

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-3-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-3-04/2021 (Mahkamah Tinggi)

Convictions set aside and appellant acquitted because (a) the 35 s.420 charges were defective and occasioned a failure of justice as the prosecution case and exhibits showed payments to a third party (Ganang Resources) rather than solely to the appellant, and (b) on maximum evaluation of the prosecution evidence a reasonable inference existed that the transactions were friendly loans (with evidence of repayments and civil pleadings admitting a loan) so a prima facie case for criminal cheating was not established.
19 Apr 2021

MOHD ZAHARANI BIN HARUN PUBLIC PROSECUTOR

Citation

AA-42K(A)-1-09/2019 (Mahkamah Tinggi)
Court

A
Case number

AA-42K(A)-1-09/2019 (Mahkamah Tinggi)

The trial record and documentary evidence (cashbook entries, voucher comparisons and MPM records) plus direct testimony of the victim established beyond reasonable doubt that the impugned receipt was forged and that the appellant dishonestly used it in relation to the RM44,949.15 transaction; the defence explanations (including cautioned statement and witnesses without s.112 statements) did not raise a reasonable doubt, therefore convictions under s.420 and s.471 (punishable under s.467) are upheld.