Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 420 penal code

  • 15 Jun 2025

    [ ] MOHD KHUZAIRY BIN SHAARI

    Citation
    DH-82-4-10/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DH-82-4-10/2023 (Mahkamah Majistret)

    The court found the prosecution proved all elements of Section 420: the accused deceived the victim into believing her son was detained and required bail, the victim delivered jewellery and cash as a result, and the accused acted dishonestly to gain those items; the victim's in‑court identification, supported by an identification parade and investigation showing the son was not detained, was reliable and the defence alibi failed to raise a reasonable doubt.

  • 4 Jun 2025

    NORAZIZUL BIN M YOUSOF

    Citation
    MC-83-374-06/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-83-374-06/2025 (Mahkamah Majistret)

    The court accepted the accused's guilty pleas as voluntary and unequivocal, held the date error in the second charge was a curable defect under CPC s156/s422 causing no prejudice, found each cheating offence was a separate transaction against different victims warranting consecutive sentences, and imposed the mandatory minimum of one year imprisonment for each of the three convictions to run consecutively plus one stroke of whipping per charge to be executed consecutively given the seriousness, pattern of offending and public interest in deterrence and protection of the public.

  • 8 May 2024

    MOHAMED NOOR BIN MOHAMED AMIN

    Citation
    WA-62K-226-11/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-226-11/2021 (Mahkamah Sesyen)

    The court found the prosecution proved beyond reasonable doubt that the accused dishonestly induced Jakel Trading to part with RM400,000 by representing a company purchase that did not exist; the accused failed to raise reasonable doubt; convicted on all amended charges under s.420 and sentenced to imprisonment of 3 years (first count), 4 years (second), and 4 years (third) to run concurrently; no whipping and no fine imposed due to age and financial circumstances.

  • 8 May 2024

    MOHAMED NOOR BIN MOHAMED AMIN

    Citation
    WA-62K-226-11/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-226-11/2021 (Mahkamah Sesyen)

    Prosecution established beyond reasonable doubt all elements of s.420: the complainant was induced by the accused to transfer RM400,000 on the false premise of a share purchase, the accused obtained the benefit and the complainant suffered loss; defence failed to raise reasonable doubt; accordingly accused convicted on all amended charges and sentenced to concurrent imprisonment terms (3 years, 4 years and 4 years) with no whipping and no fine given the accused's age and financial position.

  • 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).

  • 21 Nov 2022

    Mat Aris Bin Saad

    Citation
    TA-83-252-07/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-252-07/2019 (Mahkamah Majistret)

    The court found prosecution proved beyond reasonable doubt that both accused deliberately represented state land as their own, induced the complainant to deliver money, and had dishonest intent from the outset; the defence explanations were implausible and failed to raise reasonable doubt, therefore both accused are guilty under s.420 Penal Code and liable to custodial sentences and fines.

  • 8 Mar 2022

    POOBALAN A/L RAJAH

    Citation
    WA-62K-99-04/2018 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-99-04/2018 (Mahkamah Sesyen)

    The court found prosecution proved the elements of deception and inducement under Section 420 by showing the accused submitted misleading medical documents and induced the insurer to pay RM1,013,067.67; forensic medical evidence and surveillance contradicted the accused's claimed stroke, payments were traced to the accused and disposed of, satisfying elements of s4(1)(b) AMLATFPUAA; therefore the accused was convicted on both charges and sentenced accordingly.

  • 8 Mar 2022

    POOBALAN A/L RAJAH

    Citation
    WA-62K-53-06/2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-53-06/2019 (Mahkamah Sesyen)

    The court found the prosecution proved prima facie that the accused submitted false medical documentation to induce Great Eastern Life Assurance to pay insurance compensation (section 420 Penal Code) and that the sums credited to the accused's account were proceeds of unlawful activity which the accused disposed of with knowledge, satisfying section 4(1)(b) AMLATFPUAA; conflicting CT scans and surveillance evidence undermined the accused's medical claim and supported conviction.

  • 23 Apr 2021

    PENDAKWARAYA YAZID MUSTAQIM BIN ROSLAN SHAKUNTALA DEVI A/P KUMAR

    Citation
    PA 83-129-01/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    PA 83-129-01/2019 (Mahkamah Majistret)

    The court found the prosecution proved beyond reasonable doubt that the accused knowingly made false representations about being able to procure employment, used the reputation of a defunct company to induce reliance, caused the complainant to transfer RM100,000 into accounts controlled by the accused and her sister, and the defence failed to raise a reasonable doubt; accordingly the accused was convicted under s.420 Penal Code and sentenced to imprisonment and fine, and applications for suspension and instalment payment were refused.

  • 25 Feb 2021

    [TIMBALAN ] LOKE CHEE MIN

    Citation
    WA-62K-161-08/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-161-08/2020 (Mahkamah Sesyen)

    The court accepted the guilty pleas, applied s171A CPC to convict on six AMLA counts and take six other AMLA counts into consideration, and sentenced the defendant to two years' imprisonment to run concurrently for the six counts with fines of RM5,000,000 for each count (default 6 months' imprisonment); the custodial sentence was ordered to commence after the expiry of the defendant's existing Kajang sentence, reflecting consideration of statutory limits, mitigation and public interest.