SHORT NOTES, ESSAYS AND COMMENTARIES:THE WHAT, WHO, WHY, WHEN.

WHERE AND HOW QUESTIONS1

INTRODUCTION
Other recurring questions are on Essays or Short Notes. Essentially, in the case of the former,
the question will be posed simply as an invitation to the candidate to write on one or, more
usually, two topics, or to comment on a given statement or narrative. In the case of short notes,
the candidate is usually required to write about five or six sentences on any three or so topics
from an option of about five topics. But on an unlucky day, he may have no such option at all.
How do we tackle such questions?
How do we make the area of study more manageable since the syllabus is so wide that
anything and everything is a likely question?
The candidates concern is understandable. But the examiners remarks or sympathy is not
going to make life any easier for the candidate. So, let us find out how we can make life more
bearable for the candidate, and I suggest we do it by revising some general rules in writing
essays and short notes.
MANAGING THE SCOPE OF STUDY
Before revising the general rules, let me say something about the second question posed
above, that is, on how to make our area of study more manageable. Even though our syllabus
may be wide, but a survey of the examination papers of the past four years indicate that the
topics are quite predictable. This is not to say that the possible questions will be limited to
those areas only, but they will give a fair idea to the candidate on the type of topics that he
would most probably be asked on. My observation is not an invitation to candidates to spot
questions. Spotting is unreliable and too risky in the examination business.
I would, however, invite candidates to attempt answering past papers in their own time in
preparation for the actual examination. Rehearsals are a way of life in the military; and
rehearsals make perfect. So rehearse for your examination to perfection.
The difference in answering a long essay and a short note is in its length. That is obvious.
Whether you are writing an essay of one or two pages, or short notes of 5 sentences, you
should first plan what you wish to write. The examiner, is not interested in reading complete
reproductions of the original. If writing is not your forte, write in short, simple English or Bahasa
Malaysia, as the case may be. There is a lot of virtue in simplicity.
Let us tackle a typical question to illustrate my point, and to convince you that it is not too
difficult to tackle short essays ... provided, of course, you are fairly prepared for your
examination.
Without proceeding any further, get your pen, a piece of paper, your law manuals, and give
yourself exactly 30 minutes to answer the question at the following page. Stop writing when
30 minutes are over, irrespective whether you have completed your answer or not. Do not
forget to jot down the marks you expect to get from the examiner for your answer. Ready, set,
begin writing.

Petikan Diambil Dari Study Guide For Promotion Examination On Military Law By Col Abdul Malik Alwi KMN
BSK MSC MMAS Of Grays Inn, Barrister. Published By: Alamjujur Sdn. Bhd.March 1985
1

SAMPLE QUESTION
Write short notes on each of the following topics:
a.
b.
c.
d.

Condonation of offences.
Delay report.
Best evidence rule.
Remission of sentence.
(100 marks)

COMMENTS
For the purpose of further explaining the message of this Chapter, we shall work through with
reference to the first topic only, ie, Condonation of Offence only. In the past, I have corrected
many badly written answers on this specific topic. A typical example is reproduced below:
s. 146(1) where a person subject to service law under this Act:
(c) has had an offence condoned by his commanding officer,
he shall not be liable in respect of that offence to be tried by court-martial 'or to have the case
dealt with summarily by his commanding officer or an appropriate superior authority.
(2) For the purposes of this section
(d) an offence shall be deemed to have been condoned by the commanding officer, or person
alleged to have committed the offence if and only if that officer or any officer authorized by him
to act in relation to the alleged offence has with knowledge of all relevant circumstances
informed him that he will not be charged therewith:
It is used to be said that a CO who knew that an officer had been negligent and that his
negligence had occasioned a loss, condoned the offence if he asked him to pay. That is no longer
the law unless the CO at the same time tells the officer that he will not be charged. (Note 10).
The above answer seems to resemble some familiar passage somewhere. The resemblance
is not surprising, because the answer is a perfect reproduction of s. 146(1 )(c) and (2)(d) and
note 10 thereunder. Is your answer also similar to the above answer?
As has been pointed our earlier, the above answer does not prove anything beyond the fact
that the candidate can search and copy certain provisions from the Act. It does not reflect his
understanding of those provisions which is what the examiner is actually looking for.
A SUGGESTED GUIDE
A simple guide in describing or explaining such topics whether you are writing short notes
or longer essays is by way of attempting to answer the What, Who, Why, When, Where
and How of the topic. Of course, it is not imperative in all circumstances to answer all the
queries, but the more queries you pose, the more information you are bound to get. It is a not
necessary that all questions be answered in the sequence listed. Let us take the example

Condonation again, and see whether we can make any progress by utilizing this 5W+H
format.
First we note that there are provisions regarding Condonation at s. 146 and RP 64. After
skimming through these provisions, we pose the following questions on a rough paper and
write the answers onto our answer booklet.
What (What is condonation? What is its effect?)
Condonation means to forgive, or overlook an offence. Once a person is condoned he shall
not be liable to be tried on that offence again either summarily or by court martial. In other
word, it is a bar to a subsequent trial. Who (Who can condone?)
Only a CO can condone an offence. Additionally, an officer who is authorized by the CO can
also condone an offence.
Why (Why does a CO condone?)
A CO usually only condones an offence under exceptional cases, such as when he thinks the
offence is of a minor nature, or the offender is truly remorseful and is more likely to be
rehabilitated by the condonation rather than a formal trial, or where the effect of the
condonation can put the situation at status quo. There is no fixed rules on condonation; it is a
discretionary power given to a CO which he should use very sparingly and very wisely.
When (When does a CO condone? This question is already answered indirectly under
What. So you may skip it.)
When (When is condonation effective?)
Condonation is only effective if the CO or the officer authorized by him has knowledge of the
relevant circumstances of the offence, and has informed the accused that he (the accused)
will not be charged with the offence. No other words or actions of the CO or the officer
authorized by him shall be implied as condonation.
Where (Where is condonation given? This is irrelevant and can be skipped).
How (How is condonation given? This is already explained under When above).
Now, compare your answer to the one just given above. Do you still wonder why some
candidates fare well, but others do badly in such questions?
The above format is recommended for candidates who have not been writing for quite
sometimes. It is not, however, meant to be a rigid set of rules or to stilt the candidates
individual style, especially if he has a flair for creative writing. The above answer can definitely
be reorganized to suit the style which the candidate is comfortable with. For instance, compare
it with the Suggested Solution at the following page.
The candidate will Find that the suggested solution is concise, yet as informative, and that the
author has economized his words without sacrificing lucidity in communicating his thoughts.
Ultimately, this is the standard all candidates should strive for. And you can achieve that
standard.
SUGGESTED SOLUTION
Condonation means to forgive or to overlook an offence. A CO usually only condones an
offence under exceptional cases, such as when he thinks the offence is of a minor nature,

or the offender is truly remorseful and is more likely to be rehabilitated by the condonation
rather than a formal trial.
Thus, if a CO has condoned an offence committed by a member of his unit, that member
cannot later be tried either summarily or by court-martial on the same offence.
The scope of the doctrine is very narrow. Condonation is only applicable if the CO (or
an officer authorized by him):
a.

Has full knowledge of all relevant circumstances of the alleged offence; and

b.

Has informed the alleged offender that he will not be charged therewith, (s. 146
(d);see also s, 146 (4).

c.

No other words or actions of the CO or the officer authorized by him shall be implied
as condonation.

As condonation constitutes a plea in bar of trial (RP 63), it should be used very sparingly
and only when there are special circumstances which justify it. In any case, it should put the
situation, as far as possible, at status quo as it was before the offence was committed.