Muhammad Hafiz bin Ab Rashid v Pendakwa Raya

Appellant(s): Muhammad Hafiz Bin Ab Rashid

Respondent(s): Pendakwa Raya

• YA Dato' Hashim Bin Hamzah
• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Azmi Bin Ariffin

• The appellant, a Syariah lawyer, was charged under Section 408 of the Penal Code for criminal breach of trust, accused of dishonestly taking RM7,000 from a client for personal use.
• The Session Court found the appellant guilty, imposing a two-year imprisonment, two strokes of the cane, and a RM5,000 fine, which the High Court subsequently affirmed.
• The appellant appealed to the Court of Appeal against the conviction and sentence, challenging the findings of both lower Courts.

• Whether the appellant was an employee of the firm Tetuan Akberdin & Co. at the material time (March 16, 2012) when the alleged criminal breach of trust occurred.
• Whether the appellant was entrusted with the RM7,000 on behalf of Tetuan Akberdin & Co., thereby establishing the element of "entrustment" under Section 408 of the Penal Code.
• Whether the prosecution had proven the element of "dishonesty" beyond reasonable doubt, considering the client's actions and the appellant's defence.

• The Court of Appeal allowed the appeal, finding that the appellant was not an employee of Tetuan Akberdin & Co. on the material date, as evidenced by his resignation letter and the cessation of salary/EPF contributions from February 2012.
• The Court held that the client had explicitly appointed the appellant from Tetuan Irsamuddin Hafiz & Associates through a 'wakalah' document, and receipts for the RM7,000 payment were issued by the latter firm.
• Consequently, the essential element of "entrustment" of the money to the appellant on behalf of Tetuan Akberdin & Co. was not proven, rendering the conviction unsafe. The conviction and sentence were set aside, and the appellant was acquitted.