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 • 18 min read
19 cases cited (0 SG, 19 foreign)

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.

Judges (1)

Moses Susayan Delivered

Counsel (4)

Moh & Co. Firm Perak Legal Advisor Offices Firm Geetha Jora Singh Counsel Prosecution Mohd Zamri bin Ibrahim Counsel Accused

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.

Statutes Cited

Criminal Procedure Code (Cap 593)
Penal Code (Cap 574)

Cases Cited (19)

MY (18)
[1967] 1 MLJ 151 [1970] 2 MLJ 79 [1973] 1 MLJ 154 [1976] 1 MLRH 562 [1977] 1 MLJ 180 [1992] 1 AMR 47 [1992] 2 MLJ 714 [1992] 4 CLJ 1950 [1997] 7 MLRH 41 [1997] MLJU 112 [2004] 6 AMR 825 [2005] 1 CLJ 389 [2005] 5 MLJ 409 [2014] 10 CLJ 373 [2014] 2 MLJ 284 [2020] 2 CLJ 863 [2020] 8 MLJ 14 [2020] AMEJ 0002
IN (1)
AIR 1960 SC 889

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-42k-6-02-2023)