Malaysia Case Law: Decisions & Judgments

Topic

Section 424 penal code

Legal area

Court

14 Sept 2023

MOHANA MALAR A/P NAGARAJAN

Citation

WA-83-11836-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-11836-12/2022 (Mahkamah Majistret)

Given the complainant withdrew the report, received compensation, will not give evidence, and the DPP offered only a vague intention to "review" the investigation without good grounds for DNAA, the court properly exercised its discretion under s254(3) CPC to grant a discharge amounting to an acquittal; this does not usurp prosecutorial power under Article 145.
25 Apr 2022

RAMESH RAO A/L GURUGULOO

Citation

BH-83-382-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83-382-04/2022 (Mahkamah Majistret)

Accused was convicted under s.424 but found to be a nominally culpable 'victim‑mule' who handed over his ATM card and did not benefit; as a remorseful first offender with no overt act of collusion proven and in the interests of proportionality and public‑interest sentencing, a modest fine (RM800) in default one‑month imprisonment is an appropriate and lawful sentence.
22 Apr 2022

AZIZAH BT ABDUL AZIZ

Citation

BH-83-362-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83-362-04/2022 (Mahkamah Majistret)

The accused was a victim-mule who handed her ATM card to obtain a loan and lacked active collusion or overt acts to assist concealment; as a first offender with serious personal mitigation and no benefit from the proceeds, proportionality and public interest required a non-custodial or nominal custodial sanction; therefore she was convicted and sentenced to a fine of RM500 in default of two months imprisonment.
22 Apr 2022

FATIMAH BINTI MOHD SA'OD

Citation

BH-83-364-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83-364-04/2022 (Mahkamah Majistret)

Accused convicted under s.424 Penal Code but due to plea of guilty, first offender status, nominal culpability as a 'victim-mule' who handed over her account without knowledge, and absence of proven overt collusive acts, a proportionate sentence of a RM2000 fine in default two months imprisonment was appropriate to serve public interest while avoiding immediate imprisonment.
30 Aug 2021

SARA CAROLYN ANTHONY

Citation

WA-83-841-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-841-01/2020 (Mahkamah Majistret)

The sentence of RM7000 fine (or 6 months imprisonment in default) is upheld because it lies within statutory sentencing powers, the offence was non‑violent and of lower gravity (RM5500 involved), and the trial court properly applied established sentencing principles by giving substantial weight to mitigating factors (first offender, age, angina, financial hardship, cooperation and remorse) thereby reaching a proportionate, lawful sentence consistent with precedent and public interest considerations.
17 Aug 2020

PENDAKWARAYA Timbalan Doris Chang Nyet Hou

Citation

BH83-982-05/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH83-982-05/2020 (Mahkamah Majistret)

The accused, owner of the CIMB account into which RM348,500 (USD85,000) was credited, was convicted under s.424 Penal Code but her culpability was reduced by plea of guilty, first offender status and her role as a victim-mule; balancing public interest, proportionality and mitigation the court imposed a fine of RM4,000 in default seven months imprisonment as an appropriate and lawful sentence.
15 Jun 2020

PENDAKWARAYA Hasyutantee binti Khalil Md Shukri bin Taih

Citation

AG-83-19-3/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AG-83-19-3/2020 (Mahkamah Majistret)

Accused convicted on three counts under s424 Penal Code and sentenced to seven months imprisonment for each count to run consecutively because the offences, though involving the same victim, occurred in separate transactions and the accused's prior convictions and public interest in deterrence warranted consecutive custodial sentences; guilty plea did not compel concurrent or significantly reduced sentences.
10 Jan 2020

PENDAKWARAYA Pendakwaraya Zaiton binti Sidek

Citation

BL-83-1030-05/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83-1030-05/2018 (Mahkamah Majistret)

At the close of the prosecution the evidence established a prima facie case that the accused, as registered account holder, had received and withdrawals were made from the account totalling RM22,600, satisfying the concealment and dishonesty elements for s.424; however after hearing the accused's sworn testimony and considering her recorded police statement that she had handed her ATM card and PIN to a third party, the defence raised a reasonable doubt as to exclusive control and dishonest concealment by the accused; prosecution failed to prove guilt beyond reasonable doubt and the accused is…