Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 29(1) akta kesalahan kecil 1955

Legal area

Court

31 Mar 2024

MOHAMMED IKHWAN BIN ABDUL MANAF

Citation

JI-83-134-03/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83-134-03/2024 (Mahkamah Majistret)

Charge under s.29(1) Akta Kesalahan Kecil 1955 was defective because the money alleged to have been obtained by fraud existed as a bank account credit (chose in action) and not as 'property' or a tangible 'thing' contemplated by s.29(1), therefore the elements of the offence were not made out and the accused must be discharged not amounting to acquittal (DNAA).
31 Mar 2024

AMAR SUGUMAR BIN ABDULLAH

Citation

JI-83-145-03/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83-145-03/2024 (Mahkamah Majistret)

The charge under s.29(1) Akta Kesalahan Kecil 1955 was defective because the monies alleged to be in the accused's bank account constitute a chose in action (incorporeal right) and do not amount to "property" or a "thing" within the meaning of s.29(1); accordingly the facts and charge did not disclose an offence and the accused was discharged not amounting to acquittal, following binding High Court precedents.