Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumption under section 409b

Legal area

Court

23 Sept 2025

MUHAMMAD HAFIZ BIN AB RASHID

Citation

B-09-168-07/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-09-168-07/2024 (Mahkamah Rayuan)

Conviction quashed because prosecution failed to prove the essential element of entrustment to Akberdin & Co.; documentary wakalah and receipts established that the client had engaged appellant/Irsamuddin Hafiz & Associates and the RM7,000 was not the firm's property; absence of reliable proof that appellant was acting as firm employee at the material time rendered the section 408 conviction unsafe.
2 Nov 2021

NOR BADLI MUNAWIR BIN MOHAMAD ALIAS LAFTI [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

WA-42R-10-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42R-10-10/2019 (Mahkamah Tinggi)

The Sessions Court's findings that (1) the appellant, as authorized signatory/CEO, was entrusted with company funds and directed payments without invoices; (2) cheques were encashed and cash delivered to the appellant; and (3) the primary facts of misappropriation were proved, justified invoking the rebuttable presumption under section 409B(1)(b)(i) which the appellant failed to rebut on balance of probabilities; those facts also established the monies as proceeds of the predicate offence and satisfied the elements of money laundering; convictions on CBT and money laundering are safe though s…