POOBALAN A/L RAJAH v Pendakwa Raya

wa-41s-5-04-2024 High Court (Mahkamah Tinggi) 14 January 2026 • WA-41S-5-04/2024 • 33 min read

13 cases cited (0 SG, 13 foreign)

Catchwords

Criminal Procedure - S.420 and S.511 of Penal Code - Attempted cheating - Insurance fraud - Whether there was dishonest intention when the Appellant submitted the claim form with supporting documents prepared by hospital that he suffered a stroke in 2016 - Insurance company had taken steps to process the claim proved that it had been induced to act upon the false representation made by the Appellant when the relevant forms were submitted - Subsequent CT scan done in 2018 showed no abnormality in the Appellant's brain - Whether Magistrate was wrong to call for defence - Defence merely denied the allegations - Contradictory evidence given by Appellant did not raise any doubt on prosecution case - The prosecution has proved its case beyond a reasonable doubt - Appeal against conviction dismissed - Appeal against sentence partly allowed

Practice Areas

Criminal Procedure

Judges (1)

Noor Ruwena binti Md. Nurdin Delivered

Counsel (3)

A M Zaharil & Co. Firm Mohamad Shahrizzat Bin Amadan Counsel Prosecution Nurul Syamimi Binti Norazlan Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Poobalan a/l Rajah Appellant

Statutes Cited

Penal Code (Cap 574)

Cases Cited (13)

MY (13)

[1941] 1 MLJ 17 [1947] MLJ 130 [1963] MLJ 263 [1971] 2 MLJ 16 [1976] 2 MLJ 186 [1983] 2 MLJ 232 [1991] 3 MLJ 169 [1998] 2 CLJ 370 [2003] 2 CLJ 19 [2003] 2 MLJ 97 [2011] 5 CLJ 56 [2013] 2 MLJ 676 [2015] 3 MLJ 125

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-41s-5-04-2024)