SYED SADDIQ BIN SYED ABDUL RAHMAN v Pendakwa Raya

w-05sh-557-11-2023 Court of Appeal (Mahkamah Rayuan) 24 June 2025 • W-05(SH)-557-11/2023 • 73 min read
19 cases cited (0 SG, 19 foreign)

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

Case Significance

SYED SADDIQ BIN SYED ABDUL RAHMAN v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated June 24, 2025 (citation: w-05sh-557-11-2023). <p>This appeal was heard together with W-05(SH)-555 and 556-11/2023 involving Syed Saddiq's AMLA money laundering charge for transferring RM50,000 from ARMADA funds into his Amanah Saham Bumiputera account. The Court of Appeal unanimously allowed the appeal and acquitted the appellant, as the AMLA charges were predicated on the s.403 Penal Code charge which was found to be unsafe.</p> The panel comprised Ahmad Zaidi bin Ibrahim, Azman bin Abdullah and Noorin binti Badaruddin, with Noorin binti Badaruddin delivering the judgment.

Summary

This appeal was heard together with W-05(SH)-555 and 556-11/2023 involving Syed Saddiq's AMLA money laundering charge for transferring RM50,000 from ARMADA funds into his Amanah Saham Bumiputera account. The Court of Appeal unanimously allowed the appeal and acquitted the appellant, as the AMLA charges were predicated on the s.403 Penal Code charge which was found to be unsafe.

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

<p>This appeal was heard together with W-05(SH)-555 and 556-11/2023 involving Syed Saddiq's AMLA money laundering charge for transferring RM50,000 fro...

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