Regulation and Punishment Quiz: Test Your Knowledge

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Questions and Answers

In which case did the court ignore sections 79 and 375 of the Penal Code and directly apply an English case?

ISMAIL 2 MLJ 741 (correct)

Ong Lai Kim v PP

Hari Ram Seghal v PP

DATO' SERI ANWAR IBRAHIM 2 MLJ 353

What is the condition mentioned in the text for applying Section 5 of the Criminal Procedure Code (CPC)?

It must not be in conflict with the Penal Code.

It must be in accordance with English law.

It must be expressly provided in the CPC.

It must not be in conflict with the CPC itself. (correct)

In which case did the court rely on a repealed Malaysian provision rather than English law?

HUSDI 2 MLJ 80 FC

Hari Ram Seghal v PP

Ong Lai Kim v PP

SANASSI 2 MLJ 198 (correct)

In which case did the court hold that since there was no express provision for holding an identification parade using a one-way mirror, the English procedure was applicable by virtue of Section 5 of the CPC?

Ong Lai Kim v PP Signup and view all the answers

In which case did the court find that there was no need to apply English law because there was no lacuna?

DATO' SERI ANWAR IBRAHIM 2 MLJ 353 Signup and view all the answers

In which case did the court distinguish the pronouncement and effect of the CPC, stating that it leaves no lacuna under normal circumstances?

KARPAL SINGH 2 MLJ 544 Signup and view all the answers

What is the essence of regulation in criminal law?

Engaging in regulated activities to maintain a minimum standard of care Signup and view all the answers

What is the common nature of criminal conducts?

They are prohibited by the state and punishable by law Signup and view all the answers

What is the primary purpose of inflicting punishments in criminal law?

To deter future crime and ensure public safety and welfare Signup and view all the answers

What is the primary function of substantive criminal law?

To define and codify criminal conducts and prescribed punishments Signup and view all the answers

In a criminal case, who takes action against the offender?

A state officer called the Public Prosecutor Signup and view all the answers

What is the primary difference between criminal law and civil law?

Criminal law seeks to punish the offender, while civil law seeks to compensate the injured party Signup and view all the answers

What doctrine was approved by Singapore HC in Mah Kah Yew 1 MLJ 1?

Doctrine of stare decisis Signup and view all the answers

In the case PP v Datuk Tan Chen Swee & Anor 2 MLJ 276, what did the FC reaffirm?

The doctrine of stare decisis Signup and view all the answers

What is the significance of Periasamy s/o Sinnappen v PP 2 MLJ 582 in relation to stare decisis?

It presents two different views on applying stare decisis in PC cases Signup and view all the answers

According to Terrell J in REX V. LEE SIONG KIAT 1 MLJ 53, what source provides law for criminal matters exclusively in the colony?

Precedent set by Privy Council Signup and view all the answers

What caution did Murray-Ansley CJ mention in WOO SING and SIM AH KOW v. REGINA 1 MLJ 200 regarding English cases?

English cases should be used selectively in PC considerations Signup and view all the answers

In KEE AH BAH 1 MLJ 26, why did the court not refer straight to s.511 PC for the question of attempt?

English cases provided clearer guidance on the issue Signup and view all the answers

What is bail?

A legal act of allowing the release of a person from custody with sureties Signup and view all the answers

In what situations is bail applicable?

When the offense is punishable with imprisonment less than 3 years or fine only Signup and view all the answers

What types of bail are mentioned in the text?

Police bail and Court bail Signup and view all the answers

When does a person have a right to be released on bail?

If the offense is non-bailable as per the statute Signup and view all the answers

Under what conditions is a person entitled to bail?

Being incapable of giving bail Signup and view all the answers

What determines the power of a magistrate to make an order for further remand?

The magistrate's discretion based on the circumstances Signup and view all the answers

What is the main factor that a court should consider when deciding whether to grant bail?

Whether there are reasonable grounds to believe the accused is guilty Signup and view all the answers

Which of the following is NOT listed as a factor to consider when deciding on bail?

The accused's financial status Signup and view all the answers

For which types of offenses is bail specifically not granted according to the text?

Firearms and drug offenses Signup and view all the answers

What approach should be taken when considering bail for certain groups of people?

A just and equitable approach should be taken for young, sick, or pregnant persons Signup and view all the answers

Which of the following cases is cited in the text as an example of bail being refused for a drug offense?

PP v Chiew Siew Luan Signup and view all the answers

What is the distinction between seizable and non-seizable offenses mentioned in the text?

Seizable offenses allow arrest without a warrant, while non-seizable offenses require a warrant Signup and view all the answers

Study Notes

Criminal Law and Procedure

The Malaysian Criminal Procedure Code (CPC) is based on the Indian Code, with provisions adopting English law where there is a lacuna (gap) in the law.

The court ignored Sections 79 and 375 of the Penal Code and directly applied the English case of Morgan (1976) regarding consent.

Importing English Law

Section 5 of the CPC allows for the application of English law or other foreign laws if there is a lacuna in the Malaysian law, provided it does not conflict with the Code.
Courts are generally reluctant to import English law, but some cases accept it (e.g., SANASSI 2 MLJ 198, HARI RAM SEGHAL v PP 1 MLJ 165).

Characteristics of Criminal Law

Criminal law is a subset of substantive law that codifies and defines criminal conduct.
The state takes action against the offender, and prosecution is brought by a Public Prosecutor (PP).
The law prescribes punishments for commission of criminal conducts.
The purpose of criminal law is to punish the offender and prevent future crimes.

Difference between Criminal Law and Civil Law

Criminal law seeks to punish the offender, while civil law seeks to compensate the injured person.
Criminal law focuses on the state vs. the offender, whereas civil law is concerned with individual parties.

Stare Decisis

The doctrine of stare decisis applies in Malaysia, where lower courts are bound by the decisions of higher courts.
The High Court and Federal Court have reaffirmed the doctrine of stare decisis in various cases (e.g., MAH KAH YEW 1 MLJ 1, PP v DATUK TAN CHEN SWEE & ANOR 2 MLJ 276).

Application of English Law

Courts may apply English law for interpretation if the provision is in pari materia (similar material).
However, the first view is that English law cannot be applied if there is an express provision in the Penal Code (e.g., REX V. LEE SIONG KIAT 1 MLJ 53).

Bailable and Unbailable Offences

Bailable offences are those where the accused has a right to be released on bail, as stated in Section 2 of the CPC.
Unbailable offences are those where the accused does not have a right to be released on bail, and specific provisions in written laws do not grant bail.

Conditions for Bail

The accused must be capable of giving bail and not under remand.
The court may consider various factors when deciding on bail, including the nature of the offence, the accused's character and standing, and the danger of the accused absconding.

Public Prosecutor (PP)

The PP is the state officer responsible for bringing prosecution against the offender.

Attorney General (AG)

The AG is the principal legal advisor to the government and has the power to institute and conduct criminal proceedings.

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Test your understanding of the essence of regulation and punishment in the context of maintaining standards of care, upholding social values, and the declaration of crimes by the state. Explore the concept of punishment as a means of deterrence for future actions.

Essence of Regulation and Punishment Quiz

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