LOW THIAM HOCK v PENDAKWA RAYA
3 cases cited
(0 SG, 3 foreign)
Catchwords
The appeal herein is against the decision of the Sessions Court which had convicted the Appellant (“the Accused”) an offence of market manipulation under Section 84(1) Securities Industry Act 1983 (Act 280) (SIA). Upon convicted, the Accused was sentenced to imprisonment of five (5) years and a fine of RM5,000,000.00 (in default 5 months imprisonment). After hearing and reading through submissions by both parties and combing through the evidence of both the prosecution and the defence, I agree with the finding of the LSJ that the defence put forth by the Accused consist of an afterthought and mere denial. After considering the LSJ’s analysis and finding made, I am satisfied that there is no appealable error committed by the LSJ that would warrant any intervention from this court. I find that the conviction is safe and the Accused’s appeal against his conviction is hereby dismissed. I therefore substituted the sentence of imprisonment from 5 years to 1 year with effect from the date of this order and affirmed the fine of RM5 million.
Judges (1)
Counsel (10)
Chan Yuen Hui Firm Securities Commission, Malaysia Firm Chan Yen Hui Counsel Appellant Joshua Tay Counsel Appellant Mohd Hafiz bin Mohd Yusof Counsel Prosecution Mohd Izuddin bin Mohamed Counsel Prosecution New Sin Yew Counsel Appellant Sarah Abhishegam Counsel Appellant Shoba Venugobal Counsel Prosecution Tan Sri Dr. Muhammad Shafee bin Abdullah Counsel Appellant
Parties (2)
Statutes Cited
Securities Industry Act (Cap 280)
s 84(1)
Securities Industry Act 1983 (Cap 280)
Cases Cited (3)
MY (3)
[1971] 2 MLJ 16 [2014] MLJU 93 [2015] MLJU 55
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (42s-9-03-2016)