A REAL LIFE STORY AMAN SHAH
TABLE OF CONTENT II. CRIMINAL LAW BASICS A. ELEMENTS OF A CRIME 1.ACTUS REUS AND MENS REA 2.CAUSATION AND CONCURRENCE I. INTRODUCTION A. OVERVIEW OF THE CASE 1.AMAN SHAH AND THE 1-CENT THEFT INCIDENT 2. SIGNIFICANCE OF THE CASE IN LEGAL 1-6 7-11 15-20 12-14 III. LEGAL FRAMEWORK 1. THEFT LAWS 2.PUNISHMENTS FOR THE THEFT IV. CASE ANALYSIS A. EXAMINATION OF THE FACTS 1.DETAILS OF THE 1-CENT THEFT 2.AMAN SHAH’S INTENT AND ACTIONS B. IDENTIFICATION OF LEGAL ISSUES 1.WAS A CRIME COMMITTED ? 2. INTENT AND THE VALUE OF STOLEN PROPERTY V. CRIMINAL PROCEDURE A. ARREST AND INVESTIGATION PROCESS 1.ROLE OF LAW ENFORCEMENT AMAN SHAH ‘S RIGHTS DURING THE PROCESS 2. VI. DEFENSES A. LEGAL DEFENSES AVAILABLE TO AMAN SHAH 1. LACK OF INTENT 2.DIMINISHED CAPACITY B. ETHICAL CONSIDERATIONS IN DEFENDING SUCH A CASE 21-26 27-29
TABLE OF CONTENT CONCLUSION VII. SENTENCING AND PUNISHMENT A. SENTENCING GUIDELINES FOR MINOR THEFT OFFENSES 1. FINES AND RESTITUTION 2.PROBATION AND COMMUNITY SERVICE 30-33 REFERENCES 34 35
ACKNOWL EDGEMENT FIRSTLY, WE WOULD LIKE TO EXPRESS OUR GRATITUDE TO GOD FOR, WITH HIS ABUNDANT BLESSINGS, WE WERE ABLE TO COMPLETE THIS FLIP BOOK ASSIGNMENT PERFECTLY WITHIN THE DESIGNATED TIMEFRAME. WE ALSO WANT TO EXTEND OUR THANKS TO PN. NOOR FAIZZAH BINTI DOLLAH, THE LECTURER FOR THE INTEGRITY AND ANTI-CORRUPTION SUBJECT, WHO HAS PROVIDED US WITH EXTENSIVE GUIDANCE, TEACHING, AND SHARED INFORMATION, ASSISTING US IN PREPARING FOR THE GIVEN ASSIGNMENT. ADDITIONALLY, WE WOULD LIKE TO CONVEY OUR UTMOST APPRECIATION TO THE UNIVERSITY UTARA MALAYSIA LIBRARY, KEDAH, FOR THE FACILITIES PROVIDED TO US, SUCH AS THE RESOURCE CENTER TO ACQUIRE REFERENCE BOOKS RELATED TO OUR ASSIGNMENT, AND THE WI-FI FACILITIES TO EASE OUR SEARCH FOR INFORMATION RELEVANT TO THIS TASK. LAST BUT NOT LEAST, WE ALSO WANT TO EXPRESS OUR IMMENSE GRATITUDE TO EVERY MEMBER OF OUR GROUP FOR THE COMMITMENT AND COOPERATION SHOWN THROUGHOUT THE COMPLETION OF THIS FLIP BOOK ASSIGNMENT.
INTRODUCTION READ MORE @reallygreatsite 1
OVERVIEW OF THE CASE Back in 1990, Malaysians were greatly agitated by the news of the former bank officer's involvement in an illegal infringement of trust. Who was him? Aman Shah was born in 1966. He graduated from iTM in accounting and committed a crime when he was 24 years old. He worked at Hock Hua Bank, Raja Laut branch. After a year of employment, Aman Shah's boss acknowledged his potential and assigned him to a computer training program where he acquired the knowledge and abilities necessary to do his obligations. Later on, Aman Shah was promoted to the position of head of the Electronic Transfer System for Funds and Securities (SPEED) processing division. The source claimed that he initiated operations by moving one cent daily from each account at Hock Hua Bank to a fake one at a different bank, using his position and the skills he had acquired. The transaction brought in RM41 million in total. 2 BACKGROUND
OVERVIEW OF THE CASE Aman Shah is a former bank employee who committed a massive fraud of RM41 million from Hock Hua Bank. Aman Shah was a productive employee who rose to the position of chief of the Electronic Transfer System for Funds and Securities (SPEED) processing division He used his position and skills to move one cent daily from each account at Hock Hua Bank to a fictitious account at a different bank Aman Shah's love for sports cars ultimately led to his downfall when he appeared on a morning TV show and talked about his collection of luxurious cars. Aman Shah was eventually caught, and the police found that he had leaked the security code and deposited bank customers' money into his account. He was found guilty of criminal breach of trust and sentenced to five years in prison 3
Aman Shah or also known as 1 cent thief start his action after his bank company send him for a computer training that teach him about ins and outs of the computing banking. Aman Shah transfer money which is 1-cent from every each of account at the Hock Hua Bank into his own account in other bank called Bank Bumiputera everyday until he get enough then he left his current job to open his own business and spend the money by buying a luxury car such as Lamborghini Countach, Mercedes Benz and Porsche. He has always dream to buy a luxury and sports car and he manage to fullfiled his dream using the money he steal from costumer’s account. There’s been said that Aman Shah also put his luxury car on display at Bukit Bintang to avoid any speculation or question from his neighbour. AMAN SHAH AND THE 1-CENT THEFT INCIDENT 1. 4
1.Legal education: This case study can be used as a reference and guide for students or other researchers who study law. Disclosure should be given to other individuals so that they know the importance of the law applied in common cases. The law applied in this case is very important in terms of principle. 2.SIGNIFICANCE OF THE CASE IN LEGAL DISCOURSE 2. Conflict resolution: Students can identify problems and find potential solutions by studying the specific cases. This can provide valuable insight and effective strategies for them to face similar situations in the future. Moreover it can improve their problem-solving skills and in decision making. 5
3. Legal principles: Legal principles and ideas are developed and improved on as a result of cases. They can create new legal standards, fix weaknesses in the written rules of behaviour, or define or explain legal ideas. 6
CRIMINAL LAW BASICS 7
In criminal law, every crime can be broken down into essential elements that the prosecution must prove beyond a reasonable doubt for a conviction. These elements ensure that only individuals who truly committed a crime are punished, protecting the rights of the accused. The three main elements of most crimes are Mens rea, Actus reus, Concurrence and Causation. ELEMENTS OF A CRIME 8
MENS REA LATIN FOR ‘GUILTY MIND’ INTENDING TO COMMIT THE CRIME MUST UNDERSTAND WHAT WAS HAPPENING WHEN THE CRIME WAS COMMITTED, AND WHAT THE CONSEQUENCES WOULD BE ACTUS REUS LATIN FOR ‘GUILTY ACT’ PHYSICALLY COMMITING THE CRIME MUST BE A VOLUNTARY ACT (NO DURESS), BUT CAN ALSO BE A FAILURE TO ACT (ESP. WHEN ‘DUTY OF CARE’ EXISTS’ 1.ACTUS REUS AND MENS REA 9
IN CRIMINAL LAW, ACTUS REUS (THE "GUILTY ACT") AND MENS REA (THE "GUILTY MIND") ARE PIVOTAL. ACTUS REUS REFERS TO THE PHYSICAL ACTION, WHILE MENS REA IS THE MENTAL ELEMENT. THE DEGREE OF MENS REA DIFFERS BY OFFENSE, TYPICALLY INVOLVING INTENT (CONSCIOUS INTENTION), RECKLESSNESS (IGNORING RISKS), OR NEGLIGENCE (FAILING TO EXERCISE DUE CARE). THESE ASPECTS COLLECTIVELY DETERMINE CRIMINAL CULPABILITY. MENS REA ABSENCE OCCASIONALLY LEADS TO CHALLENGES IN PROVING CRIMINAL LIABILITY, RESULTING IN STRICT LIABILITY OFFENSES WHERE MENTAL COMPETENCE ISN'T A REQUISITE FOR PROSECUTION. CRUCIALLY, BOTH ACTUS REUS AND MENS REA MUST BE PRESENT FOR A CONVICTION. THESE CONCEPTS ARE FOUNDATIONAL IN DETERMINING CRIMINAL RESPONSIBILITY. 10
2.CAUSATION AND CONCURRENCE Aman Shah took advantage of the looseness of the act in the banking system at that time because the country may lack experts in the banking system involving computers. He was aware that there were loopholes in the banking system as well as relatively weak laws where white collar crimes were only given light sentences. He also took advantage of the trust given by his employer. He was also confident that bank customers may not be aware of losing the amount of one cent in their accounts. Aman Shah who had an interest in sports cars had achieved his wish by manipulating bank customer accounts by transferring one cent into his own account. 11
LEGAL FRAMEWORK 12
THE OFFENCE IS DEFINED BY SECTION 1 OF THE THEFT ACT 1968 AS FOLLOWS : THEFT IS DEFINED WITH A PERSON IS GUILTY IF HEDISHONESTLY APPROPRIATES PROPERTY “THIEF” AND “STEAL”SHALL BE CONSSTRUED ACCORDINGLY. THE DEFINITION OF TERMS AND PHRASES USED IN THISDEFINITION IS EXPANDED UPON IN SECTIONS 1 THROUGH 6 OF THEACT, WHILE SECTION 7 STIPULATES THAT THEFT WILL RESULT INA MAXIMUM SENTENCE OF 10 YEARS IN PRISON. IT IS IMPORTANTTO REMEMBER THAT THEFT IS AN OFFENSE THAT CAN INVOLVEANY AMOUNT OF THEFT, REGARDLESS OF THE VALUE OF THE ITEMTAKEN, HOWEVER, THEFT IS ALWAYS SUBJECT TO A TRIAL.SHOPLIFTING IS A TERM USED TO REFER TO A SPECIFIC TYPE OFTHEFT; IT IS NOT A DISTINCT CRIME. HOWEVER, THIS TERM CANGIVE THE IMPRESSION THAT THERE IS ANOTHER, LESS SERIOUSCRIME. IT IS EVIDENT FROM THE DEFINITION IN SECTION 1 THAT THEACTUS REUS INCLUDES THE APPROPRIATION OF PROPERTY THATIS THE PROPERTY OF ANOTHER. MENS REA NECESSITATESDISHONESTY AND A DELIBERATE PLAN TO PERMANENTLYDEPRIVE THE OTHER PARTY OF THE ASSET. AS IS CUSTOMARY IN CRIMINAL LAW, IT IS EASY TO APPLY THEDEFINITION OF THE OFFENSE TO A REGULAR, EVERYDAY CASE.HOWEVER, THERE ARE SITUATIONS THAT FALL OUTSIDE OF THEDEFINITION AND CAN BECOME COMPLEX. IN THIS CONTEXT, ITSHOULD BE NOTED THAT THE OFFENSES OF OBTAINING PROPERTYBY DECEPTION UNDER SECTION 15 AND THEFT UNDER SECTION 1ARE CLOSELY RELATED, IF NOT IDENTICAL. DETERMININGWHETHER THE FACTS IN THIS GRAY AREA WILL BEST SUPPORTTHE ELEMENTS OF THE THEFT OR DECEPTION OFFENSES REQUIRESCAREFUL CONSIDERATION. INFORMATION THAT COULD CLEARLYPROVE ONE CRIME MAY HARDLY OR NOT AT ALL SUPPORT THEOTHER. THE CLASSIC EXAMPLE OF THIS IS LAWRENCE (1972), WHICH WILLBE DISCUSSED ONCE THE COMPONENTS OF DECEPTION AND THEFTHAVE BEEN EXAMINED. THE LESSON IS SIMPLE, WHEN PRESENTEDWITH A SET OF FACTS, IT IS IMPORTANT TO CAREFULLY CONSIDERWHETHER THEY WILL PRIMA FACIE SUPPORT ALL THE ELEMENTSOF THE OFFENSE THAT IS TO BE CHARGED, WHETHER THOSEFACTS ARE FOUND IN AN EXAMINATION PAPER OR AT THESOLICITOR'S OFFICE. THEFT LAW 13
The criminal may occasionally be ordered by the court to reimburse the victim for the full cost of the stolen goods. This can take the form of restitution, in which the stolen item is returned, or a monetary payment. PUNISHMENT FOR THEFT Restitution or Compensation: Community Service: As part of their penalty, the court may require the offender to undertake a specified number of hours of community service. This is a means for the person to make a constructive contribution to the community. Civil Liability: A thief who is found guilty faces not just criminal but also civil penalties. This implies that the victim may file a civil case to obtain compensation for any losses or injuries caused by the theft. A person convicted of theft under Section 379 may face imprisonment for up to seven years, a fine, or both, depending on the circumstances of the case. outlined in Section 379 of the Penal Code for theft 14
CASE ANALYSIS 15
Examination of the facts Details of the one cent theft In 1990, our country was shocked by a story involving an individual who managed to become a millionaire by robbing one cent from every Hock Hua Bank customer account and the name of this person is Aman Shah. This story begins when Aman Shah is sent by the bank to attend a computer course. Since then, Aman Shah has mastered the ins and outs of computer banking. He planned this plan so that none of the bank management knew about it. With his new promotion as the Processing Department of the Electronic Transfer System for Funds and Securities (SPEED) at Hock Hua Bank, he has presented false signals to deceive the management of the National Bank. Through this signal, he has quietly transferred money to his bumiputra bank account without anyone else knowing. He has managed to change his life from a low income salary to become a millionaire when he managed to rob cash amounting to RM 4.01 million with his skills. He has bought six luxury cars in cash. To protect his assets from the public, Aman shah put all his luxury cars in the exhibition center at Plaza Bukit Bintang for fear of being known by the public Everything went smoothly until he was invited to a popular show on TV3 called Sekapur Sirih. In the interview he has talked about all his luxury vehicles. Unbeknownst to him, his former manager at Hock Hua bank watched the show. The manager made a police report at Campbell Police Station on 11 June 1990 after he did an internal audit and found that RM 4.1 million was missing from the customer's account. 16
The police arrested Aman Shah at a condominium in Bangsar on 11 June 1990. The section court convicted him of breach of trust under Section 408 of the Penal Code seven times. Aman Shah was sentenced to five years in prison as punishment. In 2021, Aman Shah revealed the crime he committed. According to the former executive involved, he never stole a cent. He admitted that he was imprisoned for three years and three months for the crime committed but not stealing a One Cent. 17
AMAN SHAH’S INTENT AND ACTIONS AMAN SHAH'S INTENTIONS BECAME EVIDENT AFTER BEING SENT BY THE BANK TO ATTEND A COMPUTER COURSE, WHERE HE MASTERED THE INTRICACIES OF COMPUTER BANKING. HE CLANDESTINELY DEVISED A PLAN UNKNOWN TO THE BANK MANAGEMENT A SCHEME AIMED AT CREATING A SYSTEM TO STEAL ONE CENT FROM EACH HOCK HUA BANK CUSTOMER ACCOUNT SUCCESSFULLY. AMAN SHAH'S ACTIONS BEGAN WITH HIS NEW PROMOTION TO THE PROCESSING DEPARTMENT OF THE ELECTRONIC TRANSFER SYSTEM FOR FUNDS AND SECURITIES (SPEED) AT HOCK HUA BANK. HE PRESENTED FALSE SIGNALS TO DECEIVE THE MANAGEMENT OF THE NATIONAL BANK. UTILIZING THESE SIGNALS, HE QUIETLY TRANSFERRED MONEY TO HIS BUMIPUTRA BANK ACCOUNT WITHOUT DETECTION. SUBSEQUENTLY, HE PURCHASED SIX LUXURY CARS OUTRIGHT USING CASH. 18
Aman Shah Ahmad was found guilty of criminal breach of trust involving RM4.01 million of the bank's funds. He was convicted of instructing the Bank Negara fund and transfer system to transmit the money into his personal account in Bank Bumiputra The court sentenced him to five years in jail on each of the seven charges of criminal breach of trust. Aman Shah's counsel indicated that they would be appealing against the conviction, suggesting that there is a legal dispute over the commission of the crime The judge ruled that the court did not have the power to review its decision to convict Aman Shah on the seven amended charges under Section 408 of the Penal Code W A S A C R I M E C O M M I T T E D ? Yes, a crime was committed. 19
INTENT AND VALUES OF THE STOLEN PROPERTIES BACK IN HIS HIGH SCHOOL, AMAN SHAH WAS KNOWN WITH HIS INTEREST FOR SPORT CARS AMONG HIS SCHOOL FRIENDS. SO WHEN HE COMMITED THE CRIME, THE NEWS STATED THAT THE AMOUNT OF MONEY HE STOLE WAS RM4.1 MILLION. WITH THAT MONEY, OF COURSE,TO FEED HIS EAGER FOR SPORT CARS, HE DID BUY THOSE LUXURY CARS. THOSE CARS WERE LAMBORGHINI COUNTACH (RM 1.3M), MERCEDES BENZ 300SL (RM502K), MERCECES BENZ 300E (RM192K), PORCHE 928 S4 (RM638K), PORCHE CARRERA (RM350K) AND BMW 3291 (RM68K). ONE THING TO NOTE IS AMAN BOUGHT THOSE CARS WITH CASH. TO HIDE HIS WRONGDOIND, HE PUT HIS LUXURY CARS AT A SHOWROOM NEAR HIS BUNGALOW. 20
CRIMINAL PROCEDURE 21
@reallygreatsite Arrest and investigation process All of Aman Shah's plans went smoothly until he entered the leading show in Malaysia, Sekapur Sirih. In the interview, Aman Shah mentioned the luxury cars he bought which are Lamborghini Countach, Mercedes Benz 300SL, Mercedes Benz 300E, Porsche 928 S4, Porsche Carrera and BMW 329i. Former Manager Aman Shah who watched the show was surprised by the luxury. The former manager did an internal audit and was surprised that RM 4.1 Million was missing from the bank customer's account. The next day, the bank manager made a police report at the Campbell Police Station on June 8, 1990. Three days later, the police arrested Aman Shah at a condominium in Bangsar on June 11, 1990. Aman Shah was found guilty of breach of trust under Section 408 of the Penal Code seven times, between January 26 and March 27, 1990. Aman Shah was sentenced to five years in prison. Aman Shah revealed about the crime he committed. According to the former executive involved, he never stole one cent of the money. He admitted that he was imprisoned for 3 years and 3 months for the offense committed but not for the offense of stealing a one cent 22
Defence of liberties and rights: It is important to protect human rights. As we know that the human rights are unalienably acknowledged and include the freedoms of life, liberty, and the rejection of slavery, torture, as well as the freedoms of speech, employment, and education. Law enforcement organisations protect people's liberties and rights by ensuring a fair trial, preventing discrimination, and stopping the abuse of authority. 1. ROLE OF LAW ENFORCEMENT Crime prevention: To prevent criminal activity, avoid future criminals, and protect public order, law enforcement organisations use proactive methods including patrols, surveillance, and community participation. 23
Emergency responses and public safety: Law enforcement organisations play an important part in giving aid, organising resources, and ensuring public safety in times of crisis as well as in reacting to emergencies, accidents, and events that involve public safety. 24
The right to a fair trial: this includes the right to be presumed innocent until proven guilty, the right to a public trial without undue delay, the right to legal counsel, the right to be informed of the charges, and the right to a trial by jury if applicable AMAN SHAH’S RIGHT DURING THE PROCESS The right to remain silent: this mean Aman Shah does not have to testify or present any evidence, but can choose to do so. 25
AMAN SHAH THE RIGHT TO APPEAL: IF A DEFENDANT IS CONVICTED, THEY HAVE THE RIGHT TO APPEAL THE CONVICTION OR THE SENTENCE. IN AMAN SHAH CASE HE HAD THE RIGHT TO APPEAL THE VERDICT WHICH MEAN HE HAD THE LEGAL OPTION TO CHALLENGE THE GUILTY VERDICT DELIVERED BY THE LOWER COURT. 26
DEFENSES 27
CRI MESCENECRI MESCENECRI MESCENECRI MESCENECRI MESCENELEGAL DEFENSES AVAILABLE TO AMAN SHAH C R I M E S C E N E C R I M E S C E N E CR I M E S C E N E C R I M E S C E N E C R I M E S C E N E 1 . LACK OF INTENT 2. DIMINISHED CAPACITY ACCORIDING TO THE EVIDENCE PROVIDED, THE ACCUSED PERSON AMAN SHAH AHMAD WAS INVOLVED IN A CRIME WHERE THE ACCUSED MISUSED THE MONEY FROM THE BANK HE WORKED.LACK OF INTENT WAS SHOWNED WHERE IT WAS TOLD THAT THE ACCUSED DIDNT ATTEMPT THE CRIME WITH INTENTION OF STEALING THE MONEY.HIS LEGAL REPRESENTATIVE,HAD MENTIONED THAT THE ACCUSED MET A CAR ACCIDENT AND HAD A BAD BRAIN INJURY. THIS MIGHT HAVE CAUSED DAMAGES TO ACCUSED PERSON’S MENTAL HEALTH. AS AN EVIDENCE, AMAN SHAH AHMAD’S FATHER WERE INVESTIGATED. HIS FATHER MENTIONED THAT HE WAS NOT EVEN HIMSELF BY THE TIME. HOWERVER, THIS ISSUE WAS NOT BOTHERED MUCH TO DEFEND THE ACCUSED FROM THE CASE. AS THE ACCUSED HAD A HEALTH REPORT SAYING THAT HE WAS INVOLVED IN A CAR ACCIDNET AND WAS DIAGNOSED HE HAD A BRAIN INJURY,HIS LEGAL REPRESENTATIVE TOOK A STAND TO MENTION THAT THE ACCUSED PERSON CURRENT HEALTH FLOSS IMPACTED HIS ABILITY TO UNDERSTAND THE NATURE AND CONSEUQENCES OF HIS OWN ACTIONS. AMAN SHAH AMAN’S FATHER ALSO MENTIONED THAT THE AFTERMATH SITUATION MADE AMAN SHAH UNABLE TO RETHINK ABOUT HIS OWN LIFE DECISIONS WHERE HE EVEN ATTEMPTED TO BUY A JET PLANE ALL OF A SUDDEN. 28
1) MAINTAINING CLIENT’S RIGHT IN AMAN SHAH‘S CASE, HIS ATTORNEY WAS OBLIGATED IN MAINTAING ALL INFORMATIONS ABOUT HIM REMAIN CONFIDENTIAL EVEN THOUGH HE WAS CAUGHT AFTER HIS APPEARANCE ON A TELEVISION SHOW. HIS ATTORNEY SHOULD NOT OPENLY DISCUSS OR DISCLOSE AMAN’S CASE DETAILS UNTIL THE CASE WAS TRIED AND AMAN WAS SENTENCED. 2) PRESERVING INTEGRITY IN DEFENDING AMAN SHAH, HIS ATTORNEY SHOULD UPHOLD HIS/HER HONESTY AND INTEGRITY BY PRESENTING ONLY TRUE EVIDENCES AND INFORMATIONS IN COURT. IT IS ATTORNEY’S JOB TO STATE THE TRUTH EVEN THOUGH AMAN WAS THE DEFENDANT. THE ATTORNEY ALSO WASN’T ALLOWED TO PRESENT AS AMAN’S WITNESS IN COURT. ETHICAL CONSIDERATIONS IN DEFENDING SUCH CASE 29
Sentencing and Punishment 30
Sentencing guidelines for minor theft offenses What is the penalty for theft in Malaysia? According to the Penal Code Section 379, theftmay be punished “with imprisonment for a termwhich may extend to seven years or with fine orwith both, and for a second or subsequentoffence shall be punished with imprisonment andshall also be liable to fine or to whipping. ” For Aman Shah's case, after the court's decisionwas issued, Aman Shah was sentenced to 5 yearsin prison under section 408 of the penal code forbreach of trust. Even so, Aman Shah claimed thathe was imprisoned for 3 years and 3 months forthe offense committed. 31
FINES AND RESTITUTION IN A CRIMINAL CASE, A JUDGE CAN IMPOSE FINES ANDRESTITUTION IN ADDITION TO INCARCERATION WHEN A PERSONIS CONVICTED. THESE FINANCIAL PENALTIES COMPENSATE THEVICTIM AND THE GOVERNMENT FOR DAMAGES CAUSED BY THEOFFENSE. THE AMOUNT OF THE FINE OR RESTITUTION ORDEREDCAN VARY, DEPENDING ON THE FACTS OF THE CASE, BUT THECOSTS ARE GENERALLY HIGH. A CRIMINAL DEFENSE LAWYER CANHELP FIGHT THE DEFENDANT’S CHARGES AND PURSUE AFAVORABLE OUTCOME, WHICH COULD ALLOW THE DEFENDANTTO AVOID THESE SEVERE PENALTIES. FOR AMAN SHAH’S CASE, HE WAS ACCUSED WITH CRIMINALBREACH OF TRUST UNDER SECTION 408 OF THE PENAL CODE ANDCONVICTED BY THE SESSIONS COURT. HE WAS JAILED FOR 5YEARS AND NEEDED TO PAY A FINE RM15000 AND RESTITUTIONOF RM3.9 MILLION TO HOCK HUA BANK. 32
PROBATION AND COMMUNITY SERVICE COMMUNITY SERVICE IS AN ORDER MADE BY THE COURT THAT REQUIRES THE OFFENDER TO PERFORM SERVICES OR DUTIES FOR SOCIETY VOLUNTARILY WITHOUT GETTING PAID. USUALLY, COMMUNITY SERVICE ADDS AN INTENDED MEASURE TO PROBATION BECAUSE IT IS ONE OF SPECIAL CONDITION OF PROBATION. COMMUNITY SERVICE IS BASED ON THE BELIEF THAT OFFENDERS ALSO HAVE RIGHTS TO DESERVE PROTECTION. IN AMAN SHAH’S CASE, WE ALL KNOW THAT HE WAS FINED FOR RM200 000 AND WAS SENTENCED TO FIVE YEARS JAIL. HOWEVER, OTHER THAN THAT, THE JUDGE ALSO DECIDED TO RULED HIM PROBATION AND COMMUNITY SERVICE ONE OF HIS PUNISHMENT. THE DECISION WAS MADE HOPING THAT AMAN WILL REGRET WITH HIS ACTION AND ALSO FOR OTHERS TO NOT COMMIT THE SAME CRIME AS HIM. FOR HIS PROBATION, AMAN WAS REQUIRED TO DO 200 HOURS OF COMMUNITY SERVICE AND PAY RM1000 FINE. HE WAS ALSO REQUIRED TO ATTEND COUNSELING SESSION WITH PSYCHIATRIST TO HELP HIM ACKNOWLEDGE HIS WRONGDOING AND THE AFTERMATH OF HIS ACTION. THE COUNSELING SESSIONS WAS ALSO TO ENSURE HIM TO NOT COMMIT THE SAME CRIME IN FUTURE. 33
To conclude this case, we can say that Aman Shah at first may look like a genius by only taking 1-cent from every account but he also make a mistake by buying all the sport and luxury car then accept an invitation going on a television, Sekapur Sirih. Finally police got a report about him and manage to arrested Aman Shah and he was found guilty and being sentenced to five years jail and paid RM 200000. Aman Shah was sent to Pudu Prison. CONCLUSION 34
references HTTPS://WWW.MEKANIKA.COM.MY/CERITA-LEGENDA-90AN-CURI-1-SEN-DARI-SETIAPAKAUN-PELANGGAN-BANK-HINGGA-CECAH-RM4-1-JUTA-BELI-6-KERETA-MEWAHSEBELUM-KANTOI/ 1. HTTPS://CILISOS.MY/THE-CRAZY-STORY-OF-HOW-THIS-MALAYSIAN-STOLE-1-SENUNTIL-HE-BECAME-A-MILLIONAIRE/ 2. HTTPS://TWITTER.COM/AIDI_EZZHAR/STATUS/1246549369714696192?T=GRU5PASQMLFGQ6PD5CBGQ&S=19 3. HTTPS://TWITTER.COM/AIDI_EZZHAR/STATUS/1262323960869294081? T=KZ25OBTI3EYCPGVOZP1BOG&S=19 4. KISAH EKSEKUTIF BANK YANG MENGGODAM SISTEM UNTUK MENCURI 1 SEN - AMAN SHAH. (2018, NOVEMBER 29). ILUMINASI. HTTPS://ILUMINASI.COM/BM/KISAH-PENCURI1-SEN-AMAN-SHAH.HTML SEAGO, P. (1985). CRIMINAL LAW. LONDON SWEET & MAXWELL. 5. JIRARD, S. A. (2009). CRIMINAL LAW, CRIMINAL PROCEDURE, AND THE CONSTITUTION. PRENTICE HALL. 6. RAHIM, A. A., ZAINUDIN, T. N. A. T., & ROSLAN, M. A. T. (2013). THE EXTENT OF THE APPLICATION OF COMMUNITY SERVICE ORDER AS AN ALTERNATIVE PUNISHMENT IN MALAYSIA. MEDITERRANEAN JOURNAL OF SOCIAL SCIENCES. HTTPS://DOI.ORG/10.5901/MJSS.2013.V4N10P154 7. ILUMINASI.COM. (2020, DECEMBER 20). KISAH EKSEKUTIF BANK YANG MENGGODAM SISTEM UNTUK MENCURI 1 SEN - AMAN SHAH. ILUMINASI. HTTPS://ILUMINASI.COM/BM/KISAH-PENCURI-1-SEN-AMAN-SHAH.HTML 8. HTTPS://WWW.AKMYLAW.COM/SERVICES/CID/3103/SID/14520/WHAT-TO-EXPECTWHEN-FACED-WITH-CRIMINAL-CHARGES-IN-MALAYSIA-刑事法-CRIMINALLAW/#:~:TEXT=ACCORDING%20TO%20THE%20PENAL%20CODE,TO%20FINE%20OR%20 TO%20WHIPPING.” 9. HTTPS://ASKLEGAL.MY/P/MALAYSIAN-COURTS-PUNISH-CRIMINALS-JAIL-ROTANFINE.AMP 10. HTTPS://WWW.KOSMO.COM.MY/2022/08/23/AMAN-SHAH-SUDAH-LAMA-BUKTIKANSISTEM-BANK-LOMPONG/ 11. 35
LIFELONG LEARAttributes 16-20 (Excellent) 11-15 (Proficient) Curiosity • Displays a strong sense of curiosity by exploring additional sources of information beyond the provided resources. • Seeks to understand different perspectives and approaches to integrity and anticorruption, demonstrating an inquisitive mindset. Students demonstrate a high level of curiosity by consistently asking insightful questions and provide a comprehensive, in-depth elaboration of the case study issues with wellsupported arguments and evidence. Students show curiosity by asking questions and provide a thorough elaboration of the case study issues, with adequately supported arguments and evidence. Initiative • Takes initiative in conducting research, seeking feedback, initiative from experts, and pursuing opportunities for professional development related to land development. • Shows proactive behaviour in identifying and addressing potential issues or gaps in the proposal. Students consistently demonstrate exceptional initiative by actively seeking out opportunities, taking the lead in conducting research and going above and beyond the requirements. They display a high level of proactivity, taking charge of their own learning and consistently showing initiatives in various aspects of their work. Students consistently display a good level of initiative by actively seeking out opportunities, taking initiative in conducting research, demonstrating proactive research to their work. They consistently show a willingness to go beyond the basic requirements and take responsibility for their learning. Independence • Demonstrates the ability to work independently, managing time and resources effectively. • Takes responsibility for the completion of tasks, making informed decisions and demonstrating selfdirection. Students demonstrate exceptional independence and take proactive initiative in conducting research, seeking feedback, and pursuing opportunities for professional development. They consistently display self-direction, effectively manage their time and resources, and consistently exhibit a high level of independence in their work. Students display a good level of independence by showing initiative in conducting research, seeking feedback, and pursuing opportunities for professional development. They generally demonstrate self-direction, effectively manage their time and resources, and consistently exhibit a satisfactory level of independence in their work.
Kursus Integriti dan Antirasuah (KIAR) MPU1062 (A231) RNING RUBRIC 6-10 (Developing) 1-5 (Below Expectations) Mark Students occasionally ask questions and provide a basic elaboration of the case study issues, but may lack depth or sufficient supporting evidence. Students rarely or never ask questions and fail to provide adequate elaboration of the case study issues, with weak or unsupported arguments and insufficient evidence. /20 Students gradually developing their initiative by starting to seek out opportunities, taking some initiative in conducting research, and showing a growing willingness to take on additional responsibilities. They demonstrate a budding sense of proactivity and are starting to show initiative in their work. Students struggle to demonstrate initiative and show limited proactivity in seeking out opportunities or taking on additional responsibilities. They may require significant guidance and encouragement to engage in independent actions and tend to rely heavily on instructions rather than taking initiative in their work. /20 Students gradually developing their independence and taking some initiative in conducting research, seeking feedback, and pursuing opportunities for professional development. They may still require occasional guidance or support, but they are making progress in demonstrating selfdirection and managing their time and resources effectively. Students struggle to demonstrate independence and take limited initiative in conducting research, seeking feedback, and pursuing opportunities for professional development. They often rely heavily on guidance and support, struggle to manage their time and resources effectively, and show minimal signs of independence in their work. /20
Attributes 16-20 (Excellent) 11-15 (Proficient) Transfer • Applies knowledge and creativity skills from diverse disciplines or experiences to inform the case study report. • Demonstrates the ability to adapt and transfer concepts, approaches, or solutions from one context to another. Students consistently apply knowledge and skills in new contexts with creativity and innovation, effectively integrating new ideas and concepts. Students demonstrate the ability to apply knowledge and skills in new contexts with some creativity and innovation, but may not consistently do so with a high level of effectiveness. Reflection • Engages in reflective practices by critically analyzing their own work and identifying areas for improvement. • Demonstrates the capacity for selfassessment and the ability to learn from both successes and failures. Students consistently demonstrate exceptional reflection skills by engaging in deep and critical analysis of their own work. They exhibit a high level of self-awareness, actively identify strengths and areas for improvement, and consistently apply insights gained from reflection to enhance their learning and growth. Students consistently display a good level of reflection skills by engaging in thoughtful analysis of their own work. They demonstrate the ability to identify strengths and areas for improvement, reflect on their learning experiences, and make meaningful connections between their reflections and their future actions. TOTAL MARKS (40
Kursus Integriti dan Antirasuah (KIAR) MPU1062 (A231) 6-10 (Developing) 1-5 (Below Expectations) Mark Students occasionally apply knowledge and skills in new contexts with limited creativity and innovation, but may lack consistency or effectiveness. Students rarely or never apply knowledge and skills in new contexts with creativity or innovation, or lack effectiveness. /20 Students are gradually developing their reflection skills by starting to engage in analysis of their own work and identifying areas for improvement. They demonstrate a growing capacity for self-awareness and show some effort in connecting their reflections to their learning experiences and future actions. Students struggle to demonstrate effective reflection skills and show limited capacity for self-analysis. They may have difficulty identifying areas for improvement or fail to connect their reflections to their learning experiences and future actions. They often require significant guidance and support in developing their reflective abilities. /20 0%) /100 = 100 40 = ______