w-05sh-555-11-2023 — SYED SADDIQ BIN SYED ABDUL RAHMAN v Pendakwa Raya

Catchwords

Appeal against conviction and sentence – Section 405 & Section 403 Penal Code – Section 4(1)(b) Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Abetment – Criminal Breach of Trust – Dishonest misappropriation of property - Whether the Learned High Court Judge erred in failing to decide that there was no offence as per the charges even if all the prosecution evidence was unrebutted or unexplained – Whether the Learned High Court Judge erred when his Lordship failed to assess the credibility of the main prosecution witnesses – Whether the Learned High Court Judge failed to take into consideration and/or appreciate the ingredients and requirements of s. 405 PC and consequently failed to conclude that the Appellant’s act did not amount to an offence under s. 405 of the PC read together with s. 109 of the PC – Whether the Learned High Court Judge erred in deciding that there was a prima facie case of the AMLA charges given that the AMLA charges were predicated on the s.403 charge – Failure to consider all the evidence which is the key aspects of s.182A (1) Criminal Procedure Court

Practice Areas

Appeal against conviction and sentence

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Azman bin Abdullah Coram Noorin binti Badaruddin Delivered

Counsel (14)

Wong Kian Kheong Firm Alex Tan Chie Sian Counsel Appellant Datuk Hisyam Teh Poh Teik Counsel Appellant Datuk Mohd Yusof Bin Zainal Abiden Counsel Appellant Datuk Wan Shaharuddin Bin Wan Ladin Counsel Prosecution Devandran S. Subramaniam Counsel Appellant Farah Ezlin Binti Yusop Khan Counsel Prosecution Hing Seng Shen Counsel Appellant Kee Wei Loon Counsel Appellant Khairuzzaman Ridha Counsel Appellant Low Wei Loke Counsel Appellant Muhammad Asraf Bin Mohamed Tahir Counsel Prosecution Nurul Qistini Binti Qamarul Abrar Counsel Prosecution Wan Nur Iman Binti Wan Ahmad Afzal Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Syed Saddiq bin Syed Abdul Rahman Appellant

Summary

Former Youth and Sports Minister Syed Saddiq was convicted of abetting criminal breach of trust of RM1 million in ARMADA funds, dishonest misappropriation of RM120,000, and two AMLA money laundering charges. The Court of Appeal unanimously allowed his appeal and acquitted him of all charges, finding the trial judge failed to properly assess witness credibility, made serious non-directions amounting to misdirections, and the convictions were unsafe.

What was the outcome of SYED SADDIQ BIN SYED ABDUL RAHMAN v Pendakwa Raya?

<p>Former Youth and Sports Minister Syed Saddiq was convicted of abetting criminal breach of trust of RM1 million in ARMADA funds, dishonest misapprop...

Statutes Cited

Penal Code (Cap 574)

s 107

Cases Cited (19)

UK (1)

[1958] 1 QB 11

MY (18)

[1965] 2 MLJ 238 [1965] 31 MLJ 241 [1977] 1 MLJ 79 [1979] 1 MLJ 166 [1979] 1 MLJ 73 [1981] 2 MLJ 230 [1990] 1 MLJ 187 [1993] 2 AMR 1135 [1993] 2 MLJ 137 [2005] 5 MLJ 409 [2011] 8 CLJ 625 [2012] 3 AMR 489 [2012] MLJU 321 [2013] 6 MLJ 252 [2014] 7 CLJ 392 [2017] 2 CLJ 141 [2020] 3 MLJ 21 [2024] MLJU 2054