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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?
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)?
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In which case did the court rely on a repealed Malaysian provision rather than English law?
In which case did the court rely on a repealed Malaysian provision rather than English law?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?
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?
In which case did the court find that there was no need to apply English law because there was no lacuna?
In which case did the court find that there was no need to apply English law because there was no lacuna?
In which case did the court distinguish the pronouncement and effect of the CPC, stating that it leaves no lacuna under normal circumstances?
In which case did the court distinguish the pronouncement and effect of the CPC, stating that it leaves no lacuna under normal circumstances?
What is the essence of regulation in criminal law?
What is the essence of regulation in criminal law?
What is the common nature of criminal conducts?
What is the common nature of criminal conducts?
What is the primary purpose of inflicting punishments in criminal law?
What is the primary purpose of inflicting punishments in criminal law?
What is the primary function of substantive criminal law?
What is the primary function of substantive criminal law?
In a criminal case, who takes action against the offender?
In a criminal case, who takes action against the offender?
What is the primary difference between criminal law and civil law?
What is the primary difference between criminal law and civil law?
What doctrine was approved by Singapore HC in Mah Kah Yew 1 MLJ 1?
What doctrine was approved by Singapore HC in Mah Kah Yew 1 MLJ 1?
In the case PP v Datuk Tan Chen Swee & Anor 2 MLJ 276, what did the FC reaffirm?
In the case PP v Datuk Tan Chen Swee & Anor 2 MLJ 276, what did the FC reaffirm?
What is the significance of Periasamy s/o Sinnappen v PP 2 MLJ 582 in relation to stare decisis?
What is the significance of Periasamy s/o Sinnappen v PP 2 MLJ 582 in relation to stare decisis?
According to Terrell J in REX V. LEE SIONG KIAT 1 MLJ 53, what source provides law for criminal matters exclusively in the colony?
According to Terrell J in REX V. LEE SIONG KIAT 1 MLJ 53, what source provides law for criminal matters exclusively in the colony?
What caution did Murray-Ansley CJ mention in WOO SING and SIM AH KOW v. REGINA 1 MLJ 200 regarding English cases?
What caution did Murray-Ansley CJ mention in WOO SING and SIM AH KOW v. REGINA 1 MLJ 200 regarding English cases?
In KEE AH BAH 1 MLJ 26, why did the court not refer straight to s.511 PC for the question of attempt?
In KEE AH BAH 1 MLJ 26, why did the court not refer straight to s.511 PC for the question of attempt?
What is bail?
What is bail?
In what situations is bail applicable?
In what situations is bail applicable?
What types of bail are mentioned in the text?
What types of bail are mentioned in the text?
When does a person have a right to be released on bail?
When does a person have a right to be released on bail?
Under what conditions is a person entitled to bail?
Under what conditions is a person entitled to bail?
What determines the power of a magistrate to make an order for further remand?
What determines the power of a magistrate to make an order for further remand?
What is the main factor that a court should consider when deciding whether to grant bail?
What is the main factor that a court should consider when deciding whether to grant bail?
Which of the following is NOT listed as a factor to consider when deciding on bail?
Which of the following is NOT listed as a factor to consider when deciding on bail?
For which types of offenses is bail specifically not granted according to the text?
For which types of offenses is bail specifically not granted according to the text?
What approach should be taken when considering bail for certain groups of people?
What approach should be taken when considering bail for certain groups of people?
Which of the following cases is cited in the text as an example of bail being refused for a drug offense?
Which of the following cases is cited in the text as an example of bail being refused for a drug offense?
What is the distinction between seizable and non-seizable offenses mentioned in the text?
What is the distinction between seizable and non-seizable offenses mentioned in the text?
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.
Consent in Criminal 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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Description
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.
