30 Aug 2022
1. ) SHAHREZAN BIN MOHAMED TAHIR 2. ) MUHAMMAD ZULKHAIRI BIN ABD MAJID [ ]
- Citation
- BA-42K-10-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-42K-10-12/2021 (Mahkamah Tinggi)
The High Court affirmed conviction because prosecution proved appointment, entrustment and dominion over the cash and established dishonest misappropriation through breach of contractual SOPs and corroborating conduct beyond reasonable doubt; appellate interference was unwarranted on credibility findings. The original sentence was excessive and therefore reduced to reflect mitigation and proportionality.
- Criminal breach of trust (s.408 penal code)
- Entrustment and dominion over property
- Evidence act presumptions and relevance (s.8, s.114(g) evidence act 1950)
- Standard of appellate review on findings of fact and credibility
- Company sops as contractual obligations
- Sentence mitigation and proportionality