Professional Documents
Culture Documents
Cheating
The following sections relate to the
offence of cheating:
i)S 415 and 417 - Rogayah Che
Mat v PP [2001] 1 CLJ 230.
ii)S420;
iii)S
The appellant was charged for an offence under s. 417 of the Penal
Code.
At the onset I must state that s. 415 is a definition and not a substantive section
under which a person may he charged (Penal Law of India vol. Iv Dr. Sir Hari
Singh Gour Public Prosecutor. 3516 and 3524).
i)If
a person commits cheating his wrongful act could fall under s 415
and he would be punished under s 417. As s 415 only defines the
offence of cheating.
ii)ii)
Relevant Case:
Brief Facts:
The petitioner filed a petition to be admitted and enrolled as an Advocate and
Solicitor of the High Court of Malaya. Section 11(1)(b) of the Legal Professions Act
1976 ('the Act') provides, inter alia, that a qualified person may be admitted as an
Advocate and Solicitor if he is of good character. Pursuant to ss. 16 and 17 of the
Act, the Bar Council filed a notice to enter caveat and a notice of objection, on the
ground that the petitioner was not of good character as he was under police
investigation after being suspected of committing an offence of cheating by
personation under s. 416 of the Penal Code. The said offence allegedly took place
when the petitioner was said to have sat for the main exam for the Certificate in
Legal Practice ('CLP') on behalf of one Jerry Hong. The issue that arose in this
application by the Bar Council was whether the petitioner was of good character.
.
[11] To conclude, after perusing the cause papers and submissions of the
parties, written as well as oral, I am of the view that as it is, there is nothing
to show that he was actually the one who committed the offence. One year had
passed and no evidence that he would be prosecuted. I do not think that this
court can act on mere suspicious. As it is, I agree with the petitioner, there is
no evidence of his bad character. If in future it can be proven, of course Bar
Council can take action against him.
Since there was insufficient evidence the accused was not found guilty. If
found guilty he would have been punished under s 419.
Criminal Misappropriation
S
Criminal Breach of
Trust
The section which provides definition s
405.
There are several sections that the
prosecution could invoke depending on
the facts of each case.
Please
Other
are
ss 409A and 409B.
11
PP v Suhaimi Abdullah
[2015] 2 CLJ 1023
Brief
Facts:
Held
(dismissing prosecution's
appeal):
(1) For an offence of criminal breach of trust, the root
ingredient is 'entrustment'. The accused had been entrusted
by SP12, the Magistrate hearing the inquiry where the gold
items were produced. According to SP12, she had directed the
accused to hand over all the gold items to the Registrar to be
kept in the strong room after the proceedings ended. It is trite
law that entrustment must be differentiated from the
performance of a duty. The fact that SP12 had directed the
accused to hand over the items to the Registrar showed
that the accused was asked to perform his duty and at
no time was he entrusted with the property.
(2)
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Facts:
15
In
.
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