Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Receipt of gratification (s.165 penal code)
  • 9 Dec 2025

    MOHAMED SYAFFIQ BIN MOHAMED SIDEK

    Citation
    CA-42S(A)-1-05/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    CA-42S(A)-1-05/2023 (Mahkamah Tinggi)

    The High Court held that although the prosecution proved receipt of RM700 by the accused, the essential element under s.17(a) ASPRM — that the money was received as an inducement to not perform an official act — was not proved beyond reasonable doubt; consequently the s.17(a) conviction was unsafe and set aside. However, the evidence established the accused, a public servant, received valuable property (RM700) knowing a proceeding involving him was possible, constituting an offence under s.165 Penal Code; the court substituted conviction under s.165 and sentenced the accused to one month impr…