Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory presumption (section 50)
  • 28 Mar 2023

    Tan Tai Kwan

    Citation
    WA-42R-2-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42R-2-04/2021 (Mahkamah Tinggi)

    The court found the prosecution had established a prima facie case; the statutory presumption under Section 50 applied and the accused failed to rebut it on the required standard; the evidence of the JPN officer and SPRM officers was credible and corroborative; the Sessions Court erred in acquitting after calling the accused to defend; conviction under Section 17(b) MACC Act 2009 was entered and sentence of 1 day imprisonment and RM30,000 fine (6 months imprisonment if unpaid) was imposed after balancing public interest and mitigating factors.