12 Jul 2019
PENDAKWARAYA Jabatan Kastam diRaja Malaysia Gemilang Auto Parts Sdn. Bhd.
- Citation
- 85-131-12/2017 & 85-5-01/2018 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- 85-131-12/2017 & 85-5-01/2018 (Mahkamah Majistret)
Court held that for s.135(1)(g) prosecution failed to prove fraudulent intent beyond reasonable doubt because defence evidence that declarations were made in reliance on supplier documents and agent lacked access to sealed container created reasonable doubt as to mens rea, resulting in acquittal; however, for s.133(1)(a) the false written declaration was established and that offence is one of strict liability, so the company was convicted, fined RM10,000 and seized goods ordered forfeited.