Tag: criminal law

CRIMINAL LAW – RAPE – EVALUATING CREDITIBILITY AND CONSENT – CASES OF VULNERABLE WITNESSES UNDER THE EVIDENCE ACT

This article explores the implications of Section 133A of the Evidence Act 1950 in cases involving vulnerable witnesses, particularly children with learning disabilities. It discusses how the court assesses the credibility of such witnesses and the significance of consent under the Penal Code, particularly in instances involving betrayal of trust by a caregiver such as rape or incest.

CRIMINAL PROCEDURE— SENTENCING— HARSH PENALTIES IN VIOLENT CRIMES: A LEGAL EXAMINATION OF SENTENCING STANDARDS

This update delves into a case where two individuals received substantial sentences for their roles in a violent home invasion, highlighting the judicial rationale behind consecutive sentences and the balance between public safety and offender rehabilitation.

DANGEROUS DRUGS — TRAFFICKING — EXAMINATION OF DRUG TRAFFICKING CHARGES AND DEFENSE CLAIMSDOUBT — DANGEROUS DRUGS ACT 1952 S 39B

Illustrative Scenario X was caught with two slabs of plant material in his sling bag, which was later identified as cannabis. X’s defense was that he had no knowledge of the drugs in the bag and claimed that the sling bag did not belong to him. X stated that he picked up the bag from […]

CRIMINAL LAW – DANGEROUS DRUGS – JUDICIAL SCRUTINY IN DRUG TRAFFICKING CASES: BALANCING DEFENSE ARGUMENTS AND COMMUNITY SAFETY

This update examines a drug trafficking case involving foreign nationals, highlighting the judicial challenges in balancing defense arguments against statutory presumptions under the Dangerous Drugs Act 1952.

CRIMINAL LAW– MALAYSIAN ANTI-CORRUPTION COMMISSION – POWER OF ARREST AND EXTENSION OF REMAND

The recent arrest of company directors and continued remand using Section 117 of the Criminal Procedure Code has sparked widespread unrest about the possible misuse of Malaysian Anti-Corruption Commission’s (“MACC”) power.