Malaysia Case Law: Decisions & Judgments

Topic

Section 405 penal code

Legal area

Court

25 Jun 2025

SYED SADDIQ BIN SYED ABDUL RAHMAN

Citation

W-05(SH)-555-11/2023 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-555-11/2023 (Mahkamah Rayuan)

Court found trial judge erred: withdrawal alone did not satisfy any actus reus of criminal breach of trust or dishonest misappropriation; evidence showed withdrawn RM1,000,000 was used for Armada programs and RM120,000 fundraising proceeds were treated as belonging to appellant for campaign purposes; key prosecution witness evidence was inconsistent and possibly tainted; trial judge failed to consider defence and all evidence as required by CPC s.182A; therefore prima facie and substantive proof for s.403 and AMLA offences absent — convictions unsafe and set aside.
25 Jun 2025

SYED SADDIQ BIN SYED ABDUL RAHMAN

Citation

W-05(SH)-556-11/2023 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-556-11/2023 (Mahkamah Rayuan)

Court allowed appeal and quashed convictions because the trial judge erred: withdrawal of funds did not constitute any established actus reus of criminal breach of trust as charged; Art 24.8 did not clearly proscribe withdrawals; prosecution failed to prove dishonest misappropriation under s.403 and therefore AMLA counts (predicated on s.403) could not stand; material defence evidence and witness inconsistencies (notably PW13) were not properly considered in breach of s.182A CPC, rendering convictions unsafe.
3 Feb 2023

CHOONG THIM KHAN

Citation

AA-62K-4-02/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62K-4-02/2020 (Mahkamah Sesyen)

The court acquitted because the prosecution failed to prove essential ingredients of section 408: it did not prove the accused was a clerk or servant of the company, was entrusted with the cheques or had dominion over them, nor did it prove dishonest disposal or authorship of signatures; consequently no prima facie case existed to require the accused to enter defence.
2 Mar 2021

PUBLIC PROSECUTOR 1. HO WAI MING 2. NGIAN YEW LEONG

Citation

WA-42LB-5-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42LB-5-02/2020 (Mahkamah Tinggi)

The High Court dismissed the prosecution appeal and upheld the Sessions Court acquittal because the prosecution failed to prove the essential elements of criminal breach of trust against the respondents; the evidence showed funds were received on director instruction, were not used personally and were returned to company accounts, and there was insufficient evidence of entrustment or dishonest misappropriation particularly as to the nominee director; appellate court will not disturb credibility findings of the trial judge absent convincing error.

Malaysia Case Law

SYED SADDIQ BIN SYED ABDUL RAHMAN

SYED SADDIQ BIN SYED ABDUL RAHMAN

CHOONG THIM KHAN

PUBLIC PROSECUTOR 1. HO WAI MING 2. NGIAN YEW LEONG