Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Gratification offence
  • 14 Jan 2020

    Sim Sai Hoon

    Citation
    WA-44-126-06/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-44-126-06/2019 (Mahkamah Tinggi)

    Although procedural requirements (freezing order within 12 months and s61(2) notice publication) and predicate gratification offence were established on the balance of probabilities, the applicant failed to prove that the seized sum RM41,261.64 (and accruals) in respondent's account constituted the subject-matter or evidence of a money laundering offence because the principal proceeds (RM1,200,000) had been spent and were no longer in the account at time of seizure; therefore forfeiture could not be ordered.