Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 17 asprm 2009

Legal area

Court

11 May 2021

HARJINDER SINGH A/L SAUDAGAR SINGH TIMBALAN

Citation

JA-61R-13-09/2017 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-61R-13-09/2017 (Mahkamah Sesyen)

Count 1 (RM4,000) — acquitted: prosecution failed to prove receipt by accused beyond reasonable doubt; independent corroboration insufficient and possibility that money was for OCS could not be excluded. Counts 2 (RM500) and 3 (RM2,000) — convicted: credible direct evidence (SP1, SP3, SP12), supported by intercepted recordings and controlled trap, established receipt and that sums were demanded/accepted as reward to refrain from action; accused failed to rebut s50 presumption on balance of probabilities. Sentencing: imprisonment and fines imposed as deterrent and to protect integrity of publi…
17 Dec 2019

LOGESHVARAN A/L SEGARAN

Citation

JA-61R-2-03/2017 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-61R-2-03/2017 (Mahkamah Sesyen)

Prosecution proved the essential elements of the offences by credible eyewitness testimony, recorded communications and marked-money exchange; the statutory presumption under section 50 ASPRM applied and the accused failed to rebut it; consequent conviction under section 16 ASPRM (and alternatively section 165 Penal Code) was warranted and sentencing within statutory limits was appropriate.