Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mandatory fine
  • 22 Mar 2022

    [ ] Mohd Ismail Bin Syed Merah

    Citation
    J-06B(H)-33-07/2020 (Mahkamah Rayuan)
    Court
    H
    Case number
    J-06B(H)-33-07/2020 (Mahkamah Rayuan)

    On the totality of credible evidence (payments by illegal operators, position and opportunity of the accused, discovery of large cash sums and investment transactions), the Court of Appeal held the prosecution proved the elements of money laundering beyond reasonable doubt; the High Court did not err in its application of the standards under AMLATFA; charges were not defective; s114(g) did not assist the defence; convictions affirmed; however the High Court erred in failing to impose the mandatory statutory fines under s4(1) and inappropriately ordered all sentences to run concurrently, so th…