Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Validity of charge

Legal area

Court

31 Mar 2024

MOHAMMED IKHWAN BIN ABDUL MANAF

Citation

JI-83-134-03/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83-134-03/2024 (Mahkamah Majistret)

Charge under s.29(1) Akta Kesalahan Kecil 1955 was defective because the money alleged to have been obtained by fraud existed as a bank account credit (chose in action) and not as 'property' or a tangible 'thing' contemplated by s.29(1), therefore the elements of the offence were not made out and the accused must be discharged not amounting to acquittal (DNAA).
7 Jan 2020

MONDELEZ MALAYSIA SDN BHD

Citation

PA-44-38-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-44-38-07/2019 (Mahkamah Tinggi)

Inspection of the Magistrate Court file showed two filed copies of the Consent dated 3.8.2018 each bearing the Deputy Public Prosecutor's faint name chop and signature; one marked as Enclosure B and one unmarked. The unmarked copy in the file corresponded to the faxed copy (EG-5) and contained the necessary name chop in original though faint and not reproducible by facsimile. Therefore a valid written consent under section 32A Food Act 1983 was filed, the Magistrate did not err in rejecting the objection, and the Notice of Motion was dismissed.