Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Bona fide claim
  • 16 May 2025

    JAILAILA BAKI BIN ABDUL HAMID

    Citation
    BF-83RS-39-11/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BF-83RS-39-11/2021 (Mahkamah Majistret)

    On maximum evaluation the prosecution failed to prove ownership and dishonest intention required for an offence under s380 because the jewellery was subject to an ongoing harta sepencarian dispute (not exclusive to complainant), the accused had a bona fide claim and accepted partial payment (RM8,000), and the residence was linked to the accused; accordingly no prima facie case was made out and the accused was acquitted and discharged.