Wong Siong Tung J:

Introduction

[1] The appellant, Ezreen Nasuha Binti Razuli, is appealing against her conviction and sentence imposed by the Magistrate Court for an offence under s 37(1) of the Minor Offence Ordinance 1958. She pleaded guilty to the offence on 11 December 2023, and was consequently fined RM500.00, in default, imprisonment of 7 days.

[2] The offence with which the Appellant was charged is as follows:

"That you on 26 August 2023 at Lot 424 Jalan Sentosa Salim, in the district of Sibu, in the State of Sarawak, was found in possession of RM1200.00 (Ringgit Malaysia One Thousand and Two Hundred) which is unlawfully obtained in your CIMB personal account bearing the account number 7033133654 and you have failed to an account satisfactorily of how you came by such thing, thereby you had committed an offence under s 37(1) of Minor Offences Ordinance Sarawak and punishable under the same section."

[3] The grounds of the Appellant's appeal can be summarised into two main points as follows:

(a) The charge against the appellant is defective, as it involves monies in a bank account, which are considered a "chose in action" and not tangible property under s 37(1) of the