CRIMINAL LAW: Corruption

10 cases · August 2025 to January 2026

Case Volume by Year

3
25
7
26
2025–2026

Key Issues & Sub-Topics

Soliciting gratification — Offence under s. 16(a)(B) Malaysian Anti-Corruption Commission Act 2009 — Elements of offence — Whether gratification corruptly solicited as inducement for officer of public body to forbear from performing official duty — Meaning of "inducement" — Whether purpose of solicitation may be inferred from surrounding circumstances — Whether claim that money was for bail and not a bribe a valid defence — Whether officer of PDRM an officer of a public body — Proof of status by certificate under s. 55 MACC Act 2009 — Whether certificate admissible as prima facie proof of position held and emoluments received 7 Obtaining gratification — Offence under s. 17(a) Malaysian Anti-Corruption Commission Act 2009 — Elements of offence — Agent corruptly obtaining gratification as inducement for forbearing to do act in relation to principal's affairs — Whether enforcement of drug laws falls within affairs of PDRM as principal — Meaning of "principal" under s. 3 MACC Act 2009 — Whether forbearance from official duty established where detained persons were released without formal arrest, police report, or investigation 7 Statutory presumption — s. 50(1) Malaysian Anti-Corruption Commission Act 2009 — Whether presumption arises upon proof that gratification was received or solicited — Distinction between duty to raise reasonable doubt and heavier duty to rebut presumption on balance of probabilities — Whether bare denials, conjectures and afterthought evidence sufficient to rebut presumption — Whether rebuttal requires affirmative admissible evidence 7 Attempt to obtain gratification — Offence under s. 17(a) Malaysian Anti-Corruption Commission Act 2009 — Elements of attempt — Distinction between preparation and attempt — Whether conduct had progressed beyond preparation into attempt — Whether interruption by extraneous cause, namely MACC trap operation, prevents conviction for attempt 7 Solicitation and receipt of gratification — Public officers demanding bribes to avoid enforcement raids — Surveillance recordings and trap money — Whether elements of offence under ss 16(a)(B) and 17(a) MACC Act established — Whether statutory presumption under s 50 MACC Act properly invoked — Whether video evidence inadmissible for lack of compliance with statutory requirements under s 43(4) MACC Act– Whether non-preparation of recovery memo fatal to prosecution — Whether investigating officer lacked independence — Delay in filing complaint and failure to mention solicitation — Whether failure to produce recovery memo and interception certificate under renders conviction unsafe — Whether trial judge erred in law 2 Public servant accepting valuable thing without consideration — Offence under s 165 Penal Code — Ingredients of offence — Whether accused was public servant — Whether accused accepted valuable thing for himself — Whether acceptance was without consideration — Whether accused knew intermediary had connection with his official functions — Whether "menyetuju terima" in charge equates to "accepts" or "agrees to accept" — Distinction between "menyetuju terima" and "bersetuju untuk menyetuju terima" under authoritative Malay text of MACC Act 2009 — Whether release of detained vessel prior to date of payment negated connection with official functions — Whether prosecution required to prove accused was actually responsible for investigation and that investigation was in fact conducted — Whether connection between intermediary and official functions sufficient or whether connection must be attributed to source of money — Maritime Zone Director of Malaysian Maritime Enforcement Agency accepting cash in connection with detained vessel 1

Soliciting gratification — Offence under s. 16(a)(B) Malaysian Anti-Corruption Commission Act 2009 — Elements of offence — Whether gratification corruptly solicited as inducement for officer of public body to forbear from performing official duty — Meaning of "inducement" — Whether purpose of solicitation may be inferred from surrounding circumstances — Whether claim that money was for bail and not a bribe a valid defence — Whether officer of PDRM an officer of a public body — Proof of status by certificate under s. 55 MACC Act 2009 — Whether certificate admissible as prima facie proof of position held and emoluments received 7 cases

Obtaining gratification — Offence under s. 17(a) Malaysian Anti-Corruption Commission Act 2009 — Elements of offence — Agent corruptly obtaining gratification as inducement for forbearing to do act in relation to principal's affairs — Whether enforcement of drug laws falls within affairs of PDRM as principal — Meaning of "principal" under s. 3 MACC Act 2009 — Whether forbearance from official duty established where detained persons were released without formal arrest, police report, or investigation 7 cases

Statutory presumption — s. 50(1) Malaysian Anti-Corruption Commission Act 2009 — Whether presumption arises upon proof that gratification was received or solicited — Distinction between duty to raise reasonable doubt and heavier duty to rebut presumption on balance of probabilities — Whether bare denials, conjectures and afterthought evidence sufficient to rebut presumption — Whether rebuttal requires affirmative admissible evidence 7 cases

Attempt to obtain gratification — Offence under s. 17(a) Malaysian Anti-Corruption Commission Act 2009 — Elements of attempt — Distinction between preparation and attempt — Whether conduct had progressed beyond preparation into attempt — Whether interruption by extraneous cause, namely MACC trap operation, prevents conviction for attempt 7 cases

Solicitation and receipt of gratification — Public officers demanding bribes to avoid enforcement raids — Surveillance recordings and trap money — Whether elements of offence under ss 16(a)(B) and 17(a) MACC Act established — Whether statutory presumption under s 50 MACC Act properly invoked — Whether video evidence inadmissible for lack of compliance with statutory requirements under s 43(4) MACC Act– Whether non-preparation of recovery memo fatal to prosecution — Whether investigating officer lacked independence — Delay in filing complaint and failure to mention solicitation — Whether failure to produce recovery memo and interception certificate under renders conviction unsafe — Whether trial judge erred in law 2 cases

Public servant accepting valuable thing without consideration — Offence under s 165 Penal Code — Ingredients of offence — Whether accused was public servant — Whether accused accepted valuable thing for himself — Whether acceptance was without consideration — Whether accused knew intermediary had connection with his official functions — Whether "menyetuju terima" in charge equates to "accepts" or "agrees to accept" — Distinction between "menyetuju terima" and "bersetuju untuk menyetuju terima" under authoritative Malay text of MACC Act 2009 — Whether release of detained vessel prior to date of payment negated connection with official functions — Whether prosecution required to prove accused was actually responsible for investigation and that investigation was in fact conducted — Whether connection between intermediary and official functions sufficient or whether connection must be attributed to source of money — Maritime Zone Director of Malaysian Maritime Enforcement Agency accepting cash in connection with detained vessel 1 case

Key Statutes

MACC Act 2009
cited in 10 cases
Penal Code (Cap 574)
cited in 10 cases
cited in 10 cases
cited in 7 cases
Civil Law Act 1956
cited in 2 cases
Malaysian Maritime Enforcement Agency Act 2004
cited in 1 case
Merchant Shipping Ordinance 1952
cited in 1 case
Evidence Act
cited in 1 case

Court Distribution

Key People & Firms

Cases