FIRDAUS RIZAL BIN ABDUL MANAN v Pendakwa Raya [Pegawai Pendakwa]

aa-42k-6-02-2023 High Court (Mahkamah Tinggi) 21 April 2025 • AA-42K-6-02/2023

Catchwords

The appellant, a lawyer and partner of a firm, was convicted by the Sessions Court on two counts of criminal breach of trust under Section 409 of the Penal Code involving monies received in the firm’s client account. The High Court found that the appellant had exclusive dominion over the account, acted dishonestly, and failed to disburse funds to the rightful parties. The four essential elements under How Chee Hong v PP [2020] 2 CLJ 863 were satisfied. Presumptions under Sections 409B and 24 supported findings of dishonest intent. The court dismissed the appeal and the affirmed the conviction and sentence of the Sessions Court. A stay of execution pending appeal was granted on existing bail terms due to the appellant’s serious medical conditions, financial hardship, and dependent children. The appeal was dismissed and the conviction affirmed.

Practice Areas

The appellant, a lawyer and partner of a firm, was convicted by the Sessions Court on two counts of criminal breach of trust under Section 409 of the Penal Code involving monies received in the firm’s client account. The High Court found that the appellant had exclusive dominion over the account, acted dishonestly, and failed to disburse funds to the rightful parties. The four essential elements under How Chee Hong v PP 2020 2 CLJ 863 were satisfied. Presumptions under Sections 409B and 24 supported findings of dishonest intent. The court dismissed the appeal and the affirmed the conviction and sentence of the Sessions Court. A stay of execution pending appeal was granted on existing bail terms due to the appellant’s serious medical conditions, financial hardship, and dependent children. The appeal was dismissed and the conviction affirmed.

Judges (1)

Moses Susayan Delivered

Parties (2)

Pendakwa Raya Respondent Firdaus Rizal bin Abdul Manan Appellant

Case Significance

FIRDAUS RIZAL BIN ABDUL MANAN v Pendakwa Raya [Pegawai Pendakwa] is a High Court (Mahkamah Tinggi) decision dated April 21, 2025 (citation: aa-42k-6-02-2023). The case was decided by Moses Susayan.

What was the outcome of FIRDAUS RIZAL BIN ABDUL MANAN v Pendakwa Raya [Pegawai Pendakwa]?

FIRDAUS RIZAL BIN ABDUL MANAN v Pendakwa Raya [Pegawai Pendakwa] is a High Court decision dated April 21, 2025. The case was heard by Moses Susayan. See the full judgment for details.