Malaysia Case Law: Decisions & Judgments

Topic

Section 409 penal code

Legal area

Court

22 Dec 2025

Firdaus Rizal Bin Abdul Manan

Citation

AC-62K-1-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62K-1-02/2023 (Mahkamah Sesyen)

The court concluded that the prolonged duration of offending (2012–2019), the large aggregate losses involving multiple victims (millions of ringgit), absence of evidence of restitution, and the separate nature of each offence justified significant punishment and separate (consecutive) sentences; guilty pleas and medical/personal mitigation reduced but did not eliminate the need for deterrent sentences, leading to two years' imprisonment, two strokes, and RM10,000 fine per count, with imprisonment to run separately for each count.
22 Dec 2025

FIRDAUS RIZAL BIN ABDUL MANAN

Citation

AC-62K-15-12/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62K-15-12/2025 (Mahkamah Sesyen)

Given prolonged offending over years involving multiple distinct transactions and large aggregate losses to different victims, the court found deterrence and punishment warranted; mitigation was considered but insufficient to merit concurrent or significantly reduced sentences, therefore imposed per‑count custody, caning and fine with imprisonment to run separately for each count.
22 Dec 2025

FIRDAUS RIZAL BIN ABDUL MANAN

Citation

AC-62K-3-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62K-3-12/2023 (Mahkamah Sesyen)

The court found aggravating factors (offending from 2012 to 2019, large cumulative losses involving multiple victims, no restitution, separate transactions involving different parties) outweighed mitigating factors (age, family dependents, health, guilty pleas). Therefore the court imposed custodial sentences and fines for each count and directed sentences to run separately (consecutively) rather than concurrently; corporal punishment was limited given health considerations.
4 Sept 2024

Tan Hoo Eng

Citation

AA-44-30-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-44-30-08/2023 (Mahkamah Tinggi)

The High Court held that admissions and documentary evidence from related civil proceedings established a biased, incomplete and preferential investigation that breached Articles 5(1) and 8(1) FC; such a tainted investigation vitiates the resulting charge sheets and constitutes an abuse of process, therefore the appropriate remedy is to quash the charges and to acquit and discharge the applicant.
23 Nov 2023

Zalita Binti Haron [ ]

Citation

BA-42(R)(A)-2-01/2019 (Mahkamah Tinggi)
Court

R
Case number

BA-42(R)(A)-2-01/2019 (Mahkamah Tinggi)

The appellate court upheld the trial judge's findings that the prosecution proved the elements of s.409 (entrustment and dishonest misappropriation) by documentary MyIMMS records, original and forged receipts and supporting witness testimony; entrustment can be indirect; absence of CCTV or expert signature comparison did not undermine the totality of evidence; therefore convictions and sentences were safe and would not be disturbed.
6 Mar 2023

LOKE CHEE MIN

Citation

BA-62K-21-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62K-21-02/2023 (Mahkamah Sesyen)

The court balanced public interest and accused's mitigation, gave weight to the large misappropriated sum, the accused's role as a lawyer and prior similar convictions, afforded some credit for early guilty plea but concluded that deterrence and protection of public trust required a substantial sentence: 8 years imprisonment concurrent with current sentences and a fine of RM50,000 (in default six months).
10 Feb 2023

SHAN A/L THEIVANTHIRAN

Citation

AA-62K-15-04/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62K-15-04/2021 (Mahkamah Sesyen)

The court convicted the accused under section 409 Penal Code on his guilty plea and sentenced him to 5 years imprisonment (within statutory 2–20 years), imposed a RM10,000 fine in default 10 months imprisonment, ordered no whipping due to age, and directed the imprisonment to run from the date of conviction.
29 Nov 2021

PENDAKWARAYA FAZILAWATI BINTI ABDUL RAHMAN

Citation

NA-62K-40-07/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-40-07/2019 (Mahkamah Sesyen)

The prosecution failed to establish a prima facie case under section 409 because it did not prove, on the evidence adduced, that the accused was positively entrusted with the specific sums alleged or that she exercised exclusive dominion over them; material discrepancies in amounts and handover documents, inconsistent signatures, inadequate documentary chain/ disclosure (notably P18), and evidence others had access to the safe and manager's office undermined entrustment and dishonest conversion elements; accordingly court discharged and acquitted the accused without calling her to answer.
15 Mar 2021

Lam Ee Voon

Citation

WA-42LB-10-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42LB-10-03/2019 (Mahkamah Tinggi)

The High Court held there was no misdirection of fact or law by the trial judge who correctly found that, on the evidence and attendant communications, the contested transfers could be ordinary business transactions and that the defence raised reasonable doubt as to dishonest criminal breach of trust; accordingly the acquittal was affirmed.
10 Jun 2020

JEI KOGULAASRIE PUBLIC PROSECUTOR

Citation

WA-42K-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42K-1-01/2019 (Mahkamah Tinggi)

Evidence established the appellant held RM300,000 in her firm's client account as stakeholder in a sale and purchase transaction and released the funds without proper authorization; the transaction was not a disguised loan; therefore the appellant, as agent entrusted with the property, committed criminal breach of trust under section 409 Penal Code and the conviction and three‑year sentence were correctly imposed and affirmed.