Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Afterthought and bare denial defences

Legal area

Court

24 Feb 2025

ROS JULIANA BINTI MOHAMED TAMIN

Citation

BA-62K-286-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62K-286-06/2021 (Mahkamah Sesyen)

Prosecution proved beyond reasonable doubt the elements of s.137 FSA 2013: offers of investment with promised returns, withdrawals permitted, multiple deposits into the accused's dedicated bank account for the investment scheme, and absence of any BNM licence; the accused's explanations were afterthoughts or bare denials insufficient to raise reasonable doubt; conviction on nine counts and concurrent custodial sentences and fines were warranted.
2 Sept 2021

WILLIAM JOHN A/L P. SANDANASAMY

Citation

WA-42S-9-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-9-09/2020 (Mahkamah Tinggi)

The conviction was unsafe because the trial judge both relied on the presumption under s37(d) and made separate findings of actual possession/knowledge without a clear application of the correct standard of proof, and failed to properly evaluate defence evidence (including an uninvestigated police report and DBKL confirmation), resulting in a miscarriage of justice; appeal allowed and accused acquitted.