Malaysia Case Law: Decisions & Judgments

Topic

Concealment of property

Legal area

Court

22 Apr 2022

FATIMAH BINTI MOHD SA'OD

Citation

BH-83-364-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83-364-04/2022 (Mahkamah Majistret)

Accused convicted under s.424 Penal Code but due to plea of guilty, first offender status, nominal culpability as a 'victim-mule' who handed over her account without knowledge, and absence of proven overt collusive acts, a proportionate sentence of a RM2000 fine in default two months imprisonment was appropriate to serve public interest while avoiding immediate imprisonment.
30 Aug 2021

SARA CAROLYN ANTHONY

Citation

WA-83-841-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-841-01/2020 (Mahkamah Majistret)

The sentence of RM7000 fine (or 6 months imprisonment in default) is upheld because it lies within statutory sentencing powers, the offence was non‑violent and of lower gravity (RM5500 involved), and the trial court properly applied established sentencing principles by giving substantial weight to mitigating factors (first offender, age, angina, financial hardship, cooperation and remorse) thereby reaching a proportionate, lawful sentence consistent with precedent and public interest considerations.
10 Jan 2020

PENDAKWARAYA Pendakwaraya Zaiton binti Sidek

Citation

BL-83-1030-05/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83-1030-05/2018 (Mahkamah Majistret)

At the close of the prosecution the evidence established a prima facie case that the accused, as registered account holder, had received and withdrawals were made from the account totalling RM22,600, satisfying the concealment and dishonesty elements for s.424; however after hearing the accused's sworn testimony and considering her recorded police statement that she had handed her ATM card and PIN to a third party, the defence raised a reasonable doubt as to exclusive control and dishonest concealment by the accused; prosecution failed to prove guilt beyond reasonable doubt and the accused is…

Malaysia Case Law

FATIMAH BINTI MOHD SA'OD

SARA CAROLYN ANTHONY

PENDAKWARAYA Pendakwaraya Zaiton binti Sidek