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CYBERCRIME CASES IN A DECADE: The Malaysian Experience

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CYBERCRIME CASES
IN A DECADE
The Malaysian Experience

RIZAL RAHMAN
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Copyright © 2019 by Rizal Rahman

All rights reserved. This book or any portion thereof

may not be reproduced or used in any manner whatsoever
without the express written permission of the publisher
except for the use of brief quotations in a book review.

ISBN-13: 978-1692537708
ISBN-10: 1692537709

Front cover image by Amazon.com, Inc.

Book Design by Amazon.com, Inc.

Paperback edition is available for purchase on Amazon:

https://www.amazon.com/CYBERCRIME-CASES-DECADE-
MALAYSIAN-EXPERIENCE/dp/1692537709/

Kindle edition is available for purchase on Amazon:

https://www.amazon.com/CYBERCRIME-CASES-DECADE-
MALAYSIAN-EXPERIENCE-ebook/dp/B07XSFT1R3

Associate Professor Dr. Rizal Rahman

Faculty of Law
Universiti Kebangsaan Malaysia
43600 Bangi
Selangor
www.researchgate.net/profile/Rizal_Rahman2
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TABLE OF CONTENTS

Page
INTRODUCTION 1

COMPUTER SYSTEM AND DATA SECURITY

Offences Against Property under the Penal Code 4
Offences under the Computer Crimes Act 1997 49
Multiple Offences under the Penal Code and Computer Crimes
Act 1997 60
Offences under the Anti-Money Laundering, Anti-Terrorism 68
Financing and Proceeds of Unlawful Activities 2001,
Financial Services Act 2013 and Direct Sales and Anti-
Pyramid Scheme Act 1993

CONTENT POSSESSION AND COMMUNICATION

BETWEEN COMPUTERS
Offences under the Communication and Multimedia Act 1998 73
Offences under the Sedition Act 1948 118
Offences Affecting the Public Health, Safety, Convenience, 127
Decency and Morals under the Penal Code
Offences Relating to Criminal Intimidation, Insult and 134
Annoyance under the Penal Code
Offences Relating to Extortion and Defamation under the 143
Penal Code
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Offences Relating to Terrorism under the Penal Code 147

Mutiple Offences under the Penal Code, Communication and 174
Multimedia Act8, Sedition Act and Film Censorship Act 2002
Offences under the Anti-Fake News Act 2018 191
Offences under the Official Secrets Act 1972 192

CONCLUSION 196

APPENDIX 197
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LIST OF CASES

PP v A. Visnu Varatan [2019] 127

PP v Abdul Hafiz Rahim [2018] 136
PP v Abdul Malik Awang Abd Hamid [2014] 56
PP v Abdul Rahim Mohd Abas [2017] 138
PP v Abdullah Zaik Abdul Rahman [2016] 123
PP v Adnan Mohd Yunus [2015] 99
PP v Ahmad Abd Jalil [2013]; Ahmad Abd Jalil v PP [2015] 5 106
CLJ 480 (HC)
PP v Ahmad Azmi Ahmad Rosli & Mahadi Ibrahim [2018]; 147
Ahmad Azmi Ahmad Rosli v PP [2019] 1 LNS 358; Mahadi
Ibrahim v PP [2019]
PP v Ahmad Zakri Raman [2017] 1
PP v Ainin Syazwani Che Mat Noordin [2018] 83
PP v Ali Abd Jalil [2014] 126
PP v Alister Cogia [2019] 176
PP v Alsaik [2017] 138
PP v Amrizal and Muhamad Muhaimin [2015] 105
PP v Anparasu A/L Kadampiah [2017]; PP v Anparasu A/L 194
Kadampiah [2017] (HC); PP v Anparasu A/L Kadampiah
[2018]
PP v Anuar Ab Rawi [2016] MLJU 533 170
PP v Asnizukacaras bin Saari [2015] 102
PP v Aszroy bin Achoi [2018] 9 MLJ 702; PP v Aszroy bin 150
Achoi [2019]
PP v Azhar Mamat [2018] 85
PP v Azizah Md Yusof [2015] 172
PP v Azizan Ahmad [2018] 82
PP v Azizi Abdullah [2017] MLJU 649 166
PP v Azizon Mat Nasan [2019] 5
PP v Azlee Md Salleh [2015] 171
PP v Azmi Yahya [2016] 98
PP v Azrin bin Md. Zin [2009] 117
PP v Baderol Sham bin Muhamad Tahir [2015] 185
PP v Bam Bahadur Bhetal [2017] 132
PP v Bashir Khan Abib Rahman [2017] 130
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Complete list of cases are not shown in this preview.

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INTRODUCTION

“Cybercrime” refers to a crime committed by using one or more

computers. It should be emphasized here that the word “computer”
here refers to any device that performs arithmetic, logic, storage and
display functions, based on the definition given by section 2 of the
Malaysian Computer Crimes Act 1997 (Act 563) and section 3 of the
Malaysian Evidence Act 1950 (Act 56). In other words, as long as a
device can be programmed to perform its functions using its artificial
intelligence, the device is considered a computer. In today’s era, it
can be concluded that smartphones and tablets are included in the
“computer” category.

In the Malaysian context, cybercrimes can be divided into two

categories. The first category of cybercrimes relate to the security of
computers including the program and data in them. Such crimes are
dealt with by the Computer Crime Act 1997 as well as certain
provisions of the Penal Code (Act 574), and to certain extent (also
categorised as Financial Technology a.k.a. FinTech crimes) the
Financial Services Act 2013 (Act 758), Anti-Money Laundering,
Anti-Terrorism Financing and Proceeds of Unlawful Activities 2001
(Act 613) and Direct Sales And Anti-Pyramid Scheme Act 1993
(Act 500).
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The second category of cybercrimes relate to content possession and

communication from one computer to another. Such crimes are dealt
with by the Communications and Multimedia Act 1998 (Act 588),
certain provisions of the Penal Code, Sedition Act 1948 (Act 15),
Film Censorship Act 2002 (Act 620), Anti-Fake News Act 2018
(Act 803) and to certain extent the Official Secrets Act 1972 (Act
88).

However, most of these cybercrime cases are heard only in the lower
courts, namely the Magistrate Court and Sessions Court as these
courts have original jurisdiction for such cases. The major legislative
journals in Malaysia, including the Malayan Law Journal, Current
Law Journal, All Malaysia Reports and databases like Westlaw
(which also covers All Malaysia Electronic Judgements) and
eLaw.my, are mainly focused on higher court judgments, namely the
High Court, the Court of Appeal and the Federal Court. Although
CLJ Law also publishes Sessions and Magistrates’ Cases, it contains
only selective judgments.

As for the judiciary based portals, the current relevant databases are
the ejudgement portal (http://ejudgment.kehakiman.gov.my), and the
Malaysian Judgement Portal (http://judgments.my), which was
launched as a beta version on 17 April 2018. It is however quite
difficult for the public to find a report on cybercrime cases from
these portals, since the search string mechanisms are not user-
friendly to them.
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If we refer to books and journal articles, there are many publications

on cybercrimes in Malaysia, but these publications do not highlight
the decided cases in Malaysia but rather focus on reviews based on
previous writings about cases in other countries. If we refer to the
mass media, there are always media reports on such cases but most
of the time they are only about statistics, criminal modus operandi
and preventive mechanisms.

The first edition of the book i.e. “Cybercrime Cases in Malaysia”

enlists the summary of selected decided cases on cybercrimes,
mostly from the lower courts throughout Malaysia from 2009 to
2017. This edition contains more selected cases up until early 2019.
Relevant citations for appeal cases, including those from the first
instance cases which were mentioned in the first edition of the book,
are also provided for further reference should the readers wish to
read more about the grounds of judgement for those cases. An
appendix is also provided should the readers wish to know more
about the legal provisions referred to in the cases.

All cases have been indexed according to the dates of decision and
relevant legislation for easier reference by the readers. Unless
otherwise stated, the book adopts the PP v (name of accused) format,
all accused persons were convicted and all sentences in the cases
were ordered to run concurrently.
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COMPUTER SYSTEM AND DATA SECURITY

Offences against Property under the Penal Code

PP v Ng Chee Wei [2019]

Ng Chee Wei, 23, a Grab driver was accused of concealing RM9000
belonging to Mohd. Sazali Saminan (victim) in his Maybank account
which he allowed to be used in a scam. The act was committed via
online transfer of RM900 and cash deposit of RM8100 to his bank
account in May 2019.

The amount was transfered by the victim to Ng’s bank account for
the initial payment of a non-existent car fraudulently adverstised by
two scammers on http://www.mudah.my. Ng was paid RM700 by
the scammers.

Charge:
Section 424 Penal Code (2 charges)(pleaded guilty).

Decision of Shah Alam Magistrate Court (06/08/2019):

RM7500 fine.
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PP v Muhamad Sahrizal Ismail [2018]

Sahrizal, 35, a broadband installation contractor was accused of
concealing RM20,000 belonging to Muhammad Yusri Mahat
(victim) in his CIMB bank account which he allowed to be used in a
scam. The act was committed on 27 March 2017.

The victim earlier received a phone call from a scammer posing as

an officer from Affin Bank, notifying him that a new bank account
was recently opened using his name in Penang. The “officer” also
informed the victim that RM12,000 had been transferred from the
account to another account owned by one “Lim Seng Siang” who
was a dangerous drugs dealer and money launderer.

The victim then transferred RM20,000 to another bank account

allegedly owned by an “auditor” in Putrajaya (Sahrizal’s account)
after receiving another phone call from a person posing as a police
officer, warning him that the amount was needed for police
investigation.

Charge:
Section 424 Penal Code (pleaded guilty).

Decision of Ayer Keroh Magistrate Court (14/03/2018):

14 months imprisonment.
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.
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PP v Jamaluddin Mohd Jamil [2016]

Jamaluddin, 34, a Maybank financial advisor was accused of
criminal breach of trust of 33 client investment money totalling
RM702,000. The amount was transferred to his Maybank account in
multiple transactions between 2013 and June 2015.

Charges:
Section 409 Penal Code (56 charges)(pleaded guilty).

Decision of Petaling Jaya Sessions Court (31/05/2016):

30 years imprisonment.
24 strokes of cane.

PP v Nebolisa Olisa Hillary [2016]

Nebolisa, a Nigerian was accused of cheating a retiree via Facebook,
after the latter befriended him who posed as an Arab-English male.
When he informed her about his “financial problem”, she transferred
RM10,7950 to a Maybank account in multiple transactions on 7
December 2015 and between 8 to 15 December 2015.

Charges:
Section 420 Penal Code (2 charges) (pleaded guilty).

Decision of Batu Pahat Magistrate Court (11/02/2016):

18 months imprisonment and 2 strokes of cane for each charge.
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PP v Mohd Zukainiel Yusof [2018]

Zukainiel, 39, was accused of withdrawing RM12,150 from a bank
account owned by Ismail Mohd in multiple transactions between 22
January to 14 February 2017. He earlier posed as a bank staff
responsible in managing umrah and pilgrimage package before he
managed to deceive the victim to hand over his ATM card and
password for the payment of the non-existent package.

Charges:
Section 4(1)(a) Computer Crimes Act (11 charges) (pleaded guilty).

Decision of Kuala Terengganu Sessions Court (20/09/2018):

1 year and 6 months consecutive imprisonment for each charge.

PP v Lau Jia Wen [2018]

Lau, 23, an electronics and furniture company employee was
accused of modifying the advertised price of iPhone 7 Plus from
RM4299 to RM4.99 on the website of the company without
authority with the intention to cheat on 22 July 2017.

Charges:
Section 5(1) Computer Crimes Act.

Decision of Kuala Lumpur Sessions Court (16/05/2018):

RM3000 fine.
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Multiple Offences under the Penal Code and Computer

Crimes Act 1997

PP v Rose Hanida bt Long [2016]

Rose Hanida bt Long v PP [2017] MLJU 1212
Rose Hanida, 36, a secretary to the Head of Corporate Banking
Department at OCBC Bank was accused of 13 series of unauthorised
access using ID and password belonging to the Department Head.
The acts were committed to cheat the OCBC Bank Finance
Department by submitting false financial claims, causing the
department to approve and deposit RM348,294.81 to her account in
160 transactions, between January 2010 to December 2013.

Charges:
Section 4(1)(a) Computer Crimes Act (13 charges).
Section 420 Penal Code (13 charges).

Decision of Kuala Lumpur Sessions Court (30/08/2016):

1 year imprisonment for each charge under section 4(1)(a).
RM15,000 fine for each charge under section 4(1)(a).
4 years imprisonment for each charge under section 420.
RM 5,000 fine for each charge under section 420.

She appealed against the sentences.

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Decision of Kuala Lumpur High Court (20/07/2017):

Dismissed the appeal and ordered her sentences to be increased:
6 years imprisonments for each charge.
RM260,000 fine for all 26 charges.

PP v Ahmad Zakri Raman [2017]

Zakri, 31, an Assistant Registrar at Malacca National Registration
Department (JPN) was accused of receiving a RM88,000 bribes for
the purpose of issuing MyKad to 22 Sulu people of the Philippines
between April 2015 to March 2016.

He was also accused of hacking the National Population Records

Information System (SIREN) by altering the citizenship status of all
the same individuals between March 2014 to April 2016.

Charges:
Section 161 Penal Code (17 charges).
Section 5 Computer Crimes Act (15 charges) (pleaded guilty).

Decision of Ayer Keroh Sessions Court (02/03/2017):

3 years imprisonment for each charge under Section 161 Penal Code.
7 years imprisonment for each charge under Section 5 Computer
Crimes Act 1997 (concurrent sentence which will be executed upon
serving the above sentence under Section 161 Penal Code).
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PP v Phazaluddin bin Abu [2010]

Phazaluddin, 49, a business man was accused of operating an online
investment scam without holding a fund manager’s licence. The
investigations by the Malaysian Securities Commission revealed that
he had raised RM65 million from 52,000 investors in 2007 via the
website www.danafutures.com, which claimed to be an asset
management and investment group focusing on business and fund
management.

He was also accused of taking part in money laundering activities

involving a sum of RM1.3 million.

Charges:
Section 15A(1) Securities Industry Act 1983*.
Section 4(1) AMLATFA (3 charges).

Decision of Kuala Lumpur Sessions Court (09/07/2010):

4 years imprisonment for the charge under the Securities Industry
Act.
2 years imprisonment for each charges under AMLAFTA.
Phazaluddin is the first person in Malaysia to be convicted of
operating an illegal online investment scam.

* The Securities Industry Act was repealed and replaced by the

Capital Market and Services Act [Act 671] in 2007.
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CONTENT POSSESSION AND COMMUNICATION

BETWEEN COMPUTERS

Offences under the Communication and Multimedia Act 1998

PP v Syahzan Amir Endut [2019]

Syahzan, 41, an employee of Universiti Utara Malaysia was accused
of disseminating an obscene photo of his ex-girlfriend via MMS on
28 March 2015.

Charge:
Section 233(1)(a) CMA.

Decision of Kulim Sessions Court (26/09/2018):

RM15000 fine.

The prosecution appealed against the sentence.

Decision of Alor Setar High Court(22/07/2019):

Dismissed the appeal by the prosecution.
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PP v Muhammad Amirul Helmy [2018]

Amirul, 24, a crane operator was accused of insulting the Prime
Minister in a comment to a video of the latter singing “Shalala” at a
karaoke session with President of the Philippines. The video was
posted to his Facebook page using the profile name of “Amirul
Helmy” on 18 November 2016.

Charge:
Section 233(1)(a) CMA (pleaded guilty).

Decision of Kuala Lumpur Cyber Court (16/02/2018):

RM4000 fine.

PP v Azhar Mamat [2018]

Azhar, 45, a retailer was accused of insulting the Prime Minister and
the Attorney General on his Facebook page with the profile “Azhar
Mamat” on 21 and 27 July 2016. He was also accused of posting a
false content on Facebook on 29 July 2016. One post contained a
doctored image of the Prime Minister in police remand attire.

Charges:
Section 233(1)(a) CMA (4 charges) (pleaded guilty).

Decision of Kuala Lumpur Sessions Court (09/02/2018):

RM5000 fine for each charge.
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PP v Kenneth Chong Po-Ken [2017]

Kenneth, 33, an insurance consultant was accused of having
possession in his Western Digital disc obscene photos of his ex
girlfriend on 30 May 2017.

Charge:
Section 292 Penal Code (pleaded guilty).

Decision of Kuala Lumpur Magistrate Court (07/06/2017):

RM3000 fine.

PP v Bashir Khan Abib Rahman [2017]

Bashir, 32, a hospital security guard was accused of having
possession in his mobile phone an obscene video of himself and a
teenager on 2 March 2017. The video was recorded by him on 13
February 2017 when he and the 17 year old teenager (whom he
virtually met the previous day via WeChat) were having sex in a
hotel room.

Charge:
Section 292 Penal Code (pleaded guilty).

Decision of Ampang Magistrate Court (09/03/2017):

RM10,000 fine.
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PP v Jamilah Othman [2014]

Jamilah, 30, was accused of sending a threatening message via SMS
to her husband, Shahrir Firdaus Nor Ramlai on 11 June 2014.

Charge:
Section 507 Penal Code (pleaded guilty).

Decision of Ayer Keroh Magistrate Court (08/07/2014):

RM2500 fine.

PP v Lum Gah Wai [2014]

Lum, 27, was accused of threatening to electronically disseminate
his ex-girlfriend’s nude photographs which were stored in his two
mobile phones after she refused to assist him in paying his debt to a
loan shark on 23 April 2013.

Charge:
Section 509 Penal Code (pleaded guilty).

Decision of Sibu Magistrate Court (05/05/2014):

RM3000 fine.

Lum opted for the 3 months imprisonment in default since he could

not afford to pay the fine.
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PP v Aszroy bin Achoi [2018] 9 MLJ 702

PP v Aszroy bin Achoi [2019]
Aszroy, 25, was accused of supporting Daesh via his two Facebook
accounts “Yohyo Irranun Peace AlBorneozy” and “Yohyo Illa’nun
AlSaba Malizia” between 8 May to 19 July 2016. He was also
accused of having possession in his mobile phone 43 images
associated with Daesh.

Charges:
Section 130J(1)(a) Penal Code.
Section 130JB(1)(a) Penal Code.

Decision of Kota Kinabalu High Court (28/10/2017):

7 years imprisonment for the first charge.
2 years imprisonment for the second charge.

The sentences were ordered to run consecutively from the date of

arrest.

The prosecution appealed against sentence.

Decision of the Court of Appeal (18/03/2019):

Dismissed the appeal.

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PP v Chow Mun Fai [2019]

Chow Mun Fai, a hawker was accused of inciting racial tension
between Malays and non-Malays by insulting the death of fire
fighter Muhammad Adib Mohd Kassim on Twitter using the profile
name of “Alvin@Alvin15358333” on 13 February 2019. He was
also accused of uploading an image insulting Prophet Muhammad,
which may incite disharmony between Muslims and non-Muslims on
2 March 2019.
He was also accused of posting other offensive tweets using the
same profile.
Muhammad Adib died on 17 December 2018 after being admitted to
the National Heart Institute due to severe injuries sustained during a
riot near Maha Mariamman Temple in Seafield on 26 November
2018.
Charges:
Section 505 Penal Code.
Section 298A(1)(a) Penal Code (3 charges).
Section 233(2) CMA (4 charges).
(pleaded guilty to all charges).
Decision of Kuala Lumpur Sessions Court (06/08/2019):
7 to 30 months imprisonment for all the charges.
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Pages 176 to 228 are not shown in this preview.

This book is available for purchase on Amazon:

https://www.amazon.com/CYBERCRIME-CASES-DECADE-
MALAYSIAN-EXPERIENCE/dp/1692537709/
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