Malaysia Case Law: Decisions & Judgments

Topic

Defective charges

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-19-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-19-04/2021 (Mahkamah Tinggi)

The High Court allowed the appeals and set aside the Sessions Court convictions because the prosecution evidence showed monies were paid to a third party (Ganang Resources) rendering the s.420 charges defective and because, on maximum evaluation of contemporaneous documentary and bank evidence (including police reports and civil pleadings), the inference that the transactions were friendly loans and that repayments had been made gave rise to a reasonable doubt; accordingly convictions under sections 420 and 471 could not be safely sustained and the appellant was acquitted and discharged.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-28-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-28-04/2021 (Mahkamah Tinggi)

Convictions set aside. Primary legal basis: (1) 35 cheating charges under s.420 were defective because the indictment alleged monies were handed to the accused whereas prosecution evidence and led documents showed transfers/payments to a third party (Ganang Resources); this discrepancy occasioned a failure of justice that could not be cured under ss.156/422 CPC; (2) on maximum evaluation of all evidence, contemporaneous documents (FIRs, civil pleadings, bank deposits, cheque records) supported an alternative reasonable inference that the transactions were friendly loans (and in many instances…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-2-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-2-04/2021 (Mahkamah Tinggi)

The appeals were allowed because the 35 s.420 charges were materially defective: the charges alleged monies were handed to the appellant but prosecution evidence and documents showed monies were paid to Ganang Resources (a third party), causing a failure of justice that ss.156 and 422 cannot cure; on full evaluation the prosecution failed to establish beyond reasonable doubt that the transactions were criminal rather than friendly loans given the contemporaneous police reports, civil pleadings, and bank records showing repayments and overpayments; accordingly convictions and sentences were se…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-7-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-7-04/2021 (Mahkamah Tinggi)

The appeals were allowed because (1) numerous section 420 charges were defective and incurable where the prosecution case and records showed monies were paid to a third party (Ganang Resources) and the accused was thereby misled (failure of justice under ss.156 and 422 CPC), and (2) a proper maximum evaluation of the prosecution evidence permitted a reasonable inference that the transactions could have been friendly loans (with repayments evidenced), creating reasonable doubt as to dishonest inducement; consequently convictions and sentences were unsafe and set aside.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-12-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-12-04/2021 (Mahkamah Tinggi)

The convictions could not stand because (1) the 35 charges under s.420 were defective: prosecution evidence and the IO's records showed monies were deposited to Ganang Resources (a third party), thereby misleading the accused and occasioning a failure of justice that ss.156/422 CPC cannot cure; and (2) on maximum evaluation the prosecution evidence admitted an equally plausible inference that the transactions were friendly loans repaid (with documentary bank evidence of repayments and civil pleadings admitting a loan), creating reasonable doubt as to dishonest inducement; accordingly the conv…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-21-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-21-04/2021 (Mahkamah Tinggi)

Convictions set aside because (a) the 35 charges under s.420 were defective and occasioned a failure of justice where the prosecution case itself showed payments were to a third party (Ganang Resources), and (b) a maximum evaluation of prosecution evidence showed a viable and contemporaneously supported inference that the transactions were friendly loans largely repaid, creating reasonable doubt as to deceit or wrongful gain.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-38-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-38-04/2021 (Mahkamah Tinggi)

The appeals were allowed because (1) the 35 charges under s.420 were defective and occasioned a failure of justice where the indictment pleaded monies were handed to the accused but the prosecution evidence showed payments to a third party (Ganang Resources) and could not be cured by ss.156 or 422 CPC; and (2) on maximum evaluation of the prosecution evidence the materials supported a reasonable inference that the underlying transactions were friendly loans substantially repaid (with evidence of repayments and overpayment), producing reasonable doubt as to dishonesty and cheating. Convictions…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-8-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-8-04/2021 (Mahkamah Tinggi)

The High Court found the 35 charges under section 420 were materially defective because the trial evidence showed monies were paid to Ganang Resources (a third party) as well as to the appellant and the defective charge misled the accused; sections 156 and 422 CPC did not cure the defect where a failure of justice would result; independently, maximum evaluation of the prosecution evidence showed contemporaneous documents and bank records supported an inference of a friendly loan and substantial repayments/overpayment by the appellant so prosecution failed to prove dishonest inducement beyond…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-23-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-23-04/2021 (Mahkamah Tinggi)

Convictions were unsafe and set aside because (1) the s.420 charges were materially defective and misleading — evidence showed payments were made to a third party (Ganang Resources) so accused was misled and a failure of justice occurred, and (2) a maximum evaluation of the prosecution evidence permitted a reasonable inference that the transactions were friendly loans which had been repaid, creating reasonable doubt as to dishonesty; accordingly appeals allowed and accused acquitted.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-35-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-35-04/2021 (Mahkamah Tinggi)

The High Court held that (1) the 35 s.420 charges were defective because the prosecution evidence and exhibits showed monies were paid to a third party (Ganang Resources) not solely to the appellant, producing a failure of justice that sections 156 and 422 could not cure; and (2) on maximum evaluation the evidence equally supported an inference of a friendly loan with repayments shown in bank records, creating reasonable doubt as to cheating and use of forged documents — accordingly the convictions and sentences were unsafe and the appeals were allowed with the appellant acquitted and dischar…