Malaysia Case Law: Decisions & Judgments

27 Oct 2023

NOR AINI BINTI ALI

Citation: WA-83-7823-11/2021 (Mahkamah Majistret)
Court: Magistrates' Court
Case number: WA-83-7823-11/2021 (Mahkamah Majistret)

The court convicted: prosecution proved all elements of s420 beyond reasonable doubt — accused induced SP1 to pay RM54,365 by representing she would purchase and transfer 1 Bitcoin, retained the funds and had no credible intent or proof of purchase; WhatsApp conversation (Exhibit P4) and bank records admitted as authentic despite absence of s90A certificate because originals were produced and content was undisputed; defence conditional-loan claim was an afterthought unsupported by contemporaneous written agreement and found not credible. Accordingly accused guilty under s420 and sentenced wit…

MOHD ASRAFF BIN MOHD BABA

Citation

JB-41S-2-02/2021 (Mahkamah Tinggi)

Court

High Court

Case number

JB-41S-2-02/2021 (Mahkamah Tinggi)

The High Court found prosecution proved beyond reasonable doubt all elements of cheating under section 420 based on unchallenged victim testimony and documentary corroboration; the defence account was an afterthought lacking independent support and failed to raise reasonable doubt; therefore the Magistrate's conviction and sentence (18 months imprisonment and 2 strokes) were proper and were affirmed.