Malaysia Case Law: Decisions & Judgments

Topic

Soliciting gratification

Legal area

Court

24 Mar 2023

Muhamad Hafizzuddin Bin Hassan [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

PA-42S-2-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42S-2-06/2020 (Mahkamah Tinggi)

The appellate court found no misdirection in the trial judge's factual findings: recordings, contemporaneous witness testimony and documents proved that the accused, a police officer, solicited and attempted to obtain money as gratification related to his official duties; the s.50(1) presumption applied and the accused failed to rebut it on the balance of probabilities; accordingly the convictions and concurrent sentences were affirmed.
22 Dec 2022

Zamzuri bin Abdul Ghaffar

Citation

BA-42R-6-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42R-6-09/2021 (Mahkamah Tinggi)

The court found that although the element of accepting the RM50,000 trap payment was not proven to disturb the Sessions Court's finding, the evidence (primarily SP15's testimony corroborated by SP5, SP6 and documentary material) established beyond reasonable doubt on assessment that the respondent corruptly solicited gratification up to RM1,800,000; accordingly the court applied the s.50 presumption and lawfully amended the charge to soliciting gratification and called the respondent to enter his defence.
26 Aug 2020

PUBLIC PROSECUTOR LADY JOHARI BIN IDRIS

Citation

WA-42(R)(A)-1-03/2019 (Mahkamah Tinggi)
Court

R
Case number

WA-42(R)(A)-1-03/2019 (Mahkamah Tinggi)

High Court reduced total imprisonment to one day's imprisonment to run concurrently for both charges and maintained the fines because the prosecution's unexplained delay of over five years in charging the respondent, combined with the respondent's loss of employment/benefits, age, ill-health and first‑offender status, rendered the original custodial sentence unduly punitive in the circumstances.

Malaysia Case Law

Muhamad Hafizzuddin Bin Hassan [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Zamzuri bin Abdul Ghaffar

PUBLIC PROSECUTOR LADY JOHARI BIN IDRIS