1.

Explanation:
Surveillance footage of the time 1:20 am established that Ah Wong, had the intention of
committing offence when Ah Wong took the Hermes wallet on the floor which is just
next to Miss Amoy’s feet under the table. Here Ah Wong didn’t ask from Miss Amoy
about wallet as that was just next to Miss Amoy’s feet. From the surveillance footage of
time 1:20 am when Ah Wong took the Herms wallet and at 1:25 am he went to the toilet
carrying the same wallet and later at 1:59 am Ah Wong came out of the toilet with
carrying nothing in his hand and went straight to the cashier counter and exchange RM
15,000 into gambling chip. These footages qualifies Ah Wong after picking up the wallet
and without giving it to the security personnel uses it for personal gain did the actus reus
misappropriation of the property.

Actus Reus:
Actus reus refers to the physical act that constitutes a crime. In this case, actus reas is
when Ah Wong at 1:20 am took the wallet. His action of taking possession of the wallet
without returning it to the security personnel constitutes the initial act of
misappropriation. At 1:25 am took wallet to the toilet, at 1:59am came out and kept the
cash rm15,000 that was in the wallet and later used it for exchanged with gambling token.
By exchanging the cash into gambling chips and using it as his own, Ah Wong further
demonstrates his misappropriation of the property. All these actions described the actus
reas.

Mens Rea:
Mens rea refers to the mental state or intention of the person committing the offense. In
this case, Ah Wong's intention can be inferred from his actions, such as picking up the
wallet, carrying it to the toilet, exchanging the cash for gambling chips, and placing bets
at the gambling table. These actions indicate his conscious decision to take and use the
property as his own.

2. The elements of misappropriation under section 403 of the penal code

are as follows:

Dishonest misappropriation of property

Section 403. Penal code

Whoever dishonestly misappropriates, or converts to his own use, or causes any other
person to dispose of, any property, shall be punished with imprisonment for a term which
shall not be less than six months and not more than five years and with whipping and
shall also be liable to fine.
Actus Reas Section 403.
Accused misappropriates property belonging to another person,
Or
Accused convert that property to his own use,
Or
Accused causes someone else to dispose of property
The property is of any type

Mens Rea Section 403.

Accused has the dishonest intention.

Dishonestly Section 24 Penal code

“Dishonestly” 24. Whoever does anything with the intention of causing wrongful gain to
one person, or wrongful loss to another person, irrespective of whether the act causes
actual wrongful loss or gain, is said to do that thing “dishonestly”

Nature of offence
It becomes illegal when the Accused subsequently misappropriated or convert it to his
own use
Mere possession is not enough – he must have done something illegal after getting the
property