TUTORIAL TASKS

General Information

Faculty Faculty of Law

Programme Bachelor of Law (Honours)
Course Code UCP4622
Course Title Criminal Procedure II
Trimester 2
Session 2017/2018
Coordinator Mohd Azizie bin Abdul Aziz
Examiner/Tutor Rebecca Mathan ; Avatar Singh
Contact 06 – 252 3524 (MUMR 2022)
E-mail azizie.aziz@mmu.edu.my
Publish Date Week 1
Due Date Week 10

Breakdown of Assessment and Mapping to Learning Outcomes

No. Assessment % LO1 LO2 LO3 LO4

1 Final Exam 50
2 Assignment 20
3 Mid-Term 20
4 Tutorial Tasks 10 X X X X

Mapping of tutorial task learning outcomes to subject learning outcomes:

Subject Learning Outcomes Tutorial Tasks Learning Outcomes

Upon completion of this subject, students
should be able to:
LO1 Explain the law relating to criminal
procedure for the time being in force
in Malaysia.
LO2 Assess solutions to legal problems
within the framework of criminal
procedure for the time being in force
in Malaysia.
LO3 Analyse the development of the law
on criminal procedure.
LO4 Explain the legal issues, liabilities and
responsibilities in matters related to
criminal procedure by applying the
relevant legal principles to the issues
Upon completion of this task, students should be
able to:
Explain the law relating to criminal courts
jurisdictions, arrest, power of PP, transfer of
cases and initiation of proceedings for the time
being in force in Malaysia.
Assess solutions to legal problems relating to
arrest, search, investigation and charges within
the framework of criminal procedure for the time
being in force in Malaysia.
Analyse the development of the law on criminal
procedure especially relating to arrest and
investigation.
Explain the legal issues, liabilities and
responsibilities in matters related to arrest,
search, investigation and charges by applying the
relevant legal principles to the issues.

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Overview and General Guidelines

Assessment 10% of the total coursework marks

Registration MMLS
Student Learning
26 hours
Time (SLT)
Cover page Please use the attached cover page
Submission Handwritten –NOT typewritten
requirements Mode
Using BLUE pen
Binding Staple or comb binding

General Instructions to Students

 Tutorial questions have been uploaded in the MMLS. You may download and print it out.
 Failure to follow format and instruction will be deducted 1 mark by default. Late submission
will not be entertained.
 Failure to complete the task, no marks will be given.
 Plagiarism is a serious offence. The lecturer has the rights not to accept submission of
plagiarised or duplicated work.
 Plagiarism include the following behaviours (but not limited to):
o copy another student’s work,
o fail to properly cite other people’s work or give proper credit to the original
source,
o hire or ask another individual to complete the assignment for you,
o copy too many words or ideas from one or two sources, that makes up a
significant portion of your work, even with proper citation.

Specific Instructions to Students

1) Tutorial Answer: Each student must answer in his own handwriting and using blue ink pen.
Submit all answers to respective tutor by end of week 10.

2) Refer to your own tutor for further instructions.

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 FACULTY OF LAW

TRI 2, 2017/2018

UCP4622 – CRIMINAL PROCEDURE II

NAME:

ID:

Comments:

Marks (/10):

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Assessment rubrics

Mark
Total marks
Question awarded
(%)
(%)
1 10
2 10
3 10
4 10
5 10
6 10
7 10
8 10
9 10
10 10
TOTAL
100
MARKS /10

Holistic Rubrics

Score Description
8-10  Demonstrate complete understanding of the problem
 All significant rules and principles are mentioned.
 Able to give good and convincing answer.
5-7  Demonstrate sufficient understanding of the problem
 Most rules and principles are mentioned.
 Able to give some good and convincing answer.
2-4  Demonstrate little understanding of the problem
 Many rules and principles are not mentioned.
 Able to give answer but unconvincing argument.
0-1  Misunderstood the problem.
 Significant rules and principles are not mentioned.
 Wrong or unconvincing answer.

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Tutorial 1(Recent trends in criminal litigation)

1. Recent trends like pre-trial conference, case management, proof by written

statement and proof by formal admission are in fact intended to expedite
criminal trials in the country so as to allow an accused a speedy access to justice
without any form of compromise on his vested right to a fair trial.

Discuss these trends in terms of its contents, effect and benefit to parties to a
criminal proceeding and the court trying an accused.

2. Farid had claimed trial in the Magistrate’s Court against the offence of drug
possession under s.6 of the Dangerous Drugs Act 1952. During the pre-trial
conference, Farid informed the prosecuting officer that he is willing to plead
guilty provided no custodial sentence was imposed on him.

As the prosecuting officer in this case, submit your reply.

Tutorial 2 (Pre-trial discovery)

3. Pertaining to pre-trial disclosure in a criminal proceeding, discuss what could

be the situation whereby an application for inspection of documents ought to be
allowed although the documents requested by the accused person are not
specified in the charge against him?

4. In the course of police investigation against Teguh for an alleged offence of

dishonest misappropriation of property under section 403 of the Penal Code,
certain documents had been seized by the police from him. Teguh is now
charged at the Sessions Court with that offence and those documents are stated
in the charge. Teguh wrote to the police requesting inspection of those
documents and to take copies thereof. The request was rejected by the police.

a) Advise Teguh on the applicable criminal procedure to enable him to

obtain an order to inspect and take copies of those documents.

b) Is Teguh also justified under the law to apply for a copy of a document
examiner’s report prepared pertaining to the signature on the said
documents?

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Tutorial 3 (Bail)

5. It is a rule of law that the court trying an accused who is charged for committing
a criminal offence which carries the punishment of death or life imprisonment,
not to allow bail if there are reasonable grounds to believe that the said accused
committed the offence charged. However this rule is subject to various
exceptions.

Discuss with reference to the CPC provisions and decided case authorities.

6. Natsu was charged for an offence of using criminal force to deter a public
servant from discharging his duty under s.353 of the Penal Code. He was first
charged on 8 November 2015 before the Magistrate’s court and bail was
allowed at RM1,000 and hearing was fixed on 2 March 2016. Since then the
case was adjourned several times mainly on the grounds that Natsu was absent.
Warrant of arrest was issued against Natsu and on 7 May 2016, he surrendered
to the court. Natsu explained that he was ill and fell asleep on taking some
medicine and produced a medical certificate in support.

Natsu’s bail was increased from the original RM1,000 to RM1,500 with one
surety and ordered him to surrender his international passport to the court. The
case was finally fixed for hearing on 25 June 2016.

Advise Natsu.

Tutorial 4 (Summary Trials)

7. Summary trial at the subordinate court and a criminal trial at the high court are
not different in form, content and effect.

Discuss the various stages of the criminal trial process and how it guarantees an
accused person’s right to a fair trial.

8. Jebon was charged at the Magistrate’s court with the offence of driving under
the influence of alcohol under s.45A(1) of the Road Transportation Act 1957.
After the charge was read and explained, Jebon was asked to enter his plea. He
informed the Magistrate that he needed time to find money to pay for the fine.
Therefore, he had to plead guilty. He also claimed that he was slapped with the
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 summons due to his refusal to give ‘tea money’ to one of the police officer who
inspected his car. The Magistrate however rejected Jebon’s plea on the ground
that the plea was frivolous and vexatious. The Magistrate recorded a plea of
guilty and proceeded with the prosecuting officer (‘PO’) tendering the facts of
the case. Jebon insisted that he was innocent and refused to admit the facts of
the case. The Magistrate therefore had to record a plea of not guilty and fixed
the case for case management.

Discuss the legality of the Magistrate’s action.

Tutorial 5 (Summary Trials)

9. Pity, aged 50 years, was charged with an offence of rape, punishable under
section 376 of the Penal Code. In Court, the charge was read and Pity pleaded
guilty. On the date set for facts to be presented by the prosecution, Pity changed
his plea. At the hearing, DPP Witty called only three (3) witnesses. After a
submission of no case to answer by the defense, the court ruled that there was a
case to answer and called for the defense. During the defense case, DPP Witty
applied to call one ASP Man who was the investigating officer in this case to
give evidence and to recall Dr. Betty, the medical officer. The court dismissed
the application to call the investigating officer but granted the application to
recall Dr. Betty. At the end of trial, Pity was found guilty and convicted of the
offence of outrage of modesty under section 354 of the Penal Code.

Discuss the issues relating to criminal procedure that has arisen in the trial of
this case.

10. The right of an accused at his trial on a criminal charge to make an unsworn
statement from the dock is not a procedural right but a substantive right …’

Discuss this statement in relation to the three (3) options available to an accused
when he is called to enter his defense.

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Tutorial 6 (High Court Trials)

11. What are the similarities and differences between a summary and high court
trial?

12. The accused Othman was charged with the offence of murder. At the end of the
prosecution’s case, the High Court judge ordered the accused to enter his
defense stating that reasons need not be given that there was a prima facie case
established by the prosecution. Discuss.

Tutorial 7 (Sentencing)

13. The process of sentencing envisages a finding of guilt followed by conviction.

What are the other steps involved before the court finally imposes a sentence
according to law?

14. Discuss and comment on the following punishments. Support your answers
with reference to relevant provisions of the CPC and decided case authorities.

(a) Mr. Tan aged 55 years, has a history of heart ailment. He is convicted of the
offence of committing incest on his step-daughter, aged 15 years, and
sentenced to 10 years imprisonment and 2 strokes of whipping.
(b) Ahmad aged 36 years, is convicted of the offence of theft and sentenced to
18 months imprisonment, RM2000 fine, in default of payment of fine
10 months imprisonment. This is Ahmad’s first offence.
(c) Joseph aged 14 years and Michael aged 19 years are found guilty of stealing
a box of chocolates but the court released Joseph on a bond of good behavior
under section 173A CPC and ordered for the detention of Michael at the
Henry Gurney School for 3 years.
(d) Lim Seng aged 30 years is found guilty of an offence of causing grievous
hurt with a knife. He was convicted and allowed to be bound over under
section 294 CPC for 1 year because the Sessions Judge is of the view that
“although he has three previous convictions, they were for possession of
drugs.”
(e) Aru was charged on 3 counts of cheating and was found guilty on all of
them. The Sessions Judge convicted him and sentenced him to 12 months
imprisonment for the first charge, 13 months’ imprisonment on the second
charge and 14 months imprisonment on the third charge. The sentences are
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 to run consecutively because Aru has four previous convictions for offences
of not in possession of identity card, assault, possession of 0.15 grams of
heroin and extortion.

Tutorial 8 (Sentencing)

15. Are the aims of sentencing relevant to be considered by the court when it
imposes a sentence according to law?

16. Reborn, a 26 year old security guard pleaded guilty on two charges. The first
charge was that of theft of a bicycle under s.379 of the Penal Code and the
second charge was that of causing injury to one Arcobaleno using one blunt
object an offence under s.324 of the Penal Code.

Having then considered the plea in mitigation of the accused, the Magistrate
sentenced him to one year's imprisonment on the first charge. On the second
charge he was sentenced to two year’s imprisonment and RM2,000.00 fine in
default 14 days’ imprisonment. The imprisonment sentences were to run
concurrently. The Magistrate felt that a lenient sentence must be imposed
following a guilty plea as it saves time and costs and that a long prison term
will not necessarily reform the accused. However, due to the fact that the
accused had two previous convictions of which one was for theft and one for
dishonestly receiving stolen property, he had to impose the sentence of
whipping by two strokes of the rattan.

Reborn appealed against the sentence of whipping while the Deputy Public
Prosecutor (‘DPP’) cross-appealed alleging inadequacy of sentence. The DPP,
contended that the Magistrate had placed undue emphasis on the guilty plea of
the accused and had not considered the element of public interest in imposing
sentence.

As the presiding judge, decide whether the Magistrate had erred in principle in
imposing the sentence appealed against.

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Tutorial 9 (Mitigating and Aggravating factors)

17. Not every previous conviction was relevant in the sentencing process. The
sentence should not amount to the imposition of a fresh penalty for a past
offence. Discuss.

18. Muthu was charged in the Sessions Court at Malacca for an offence of armed
robbery. Muthu pleaded guilty. Without wasting any time the Sessions Court
Judge (SCJ) required Muthu to mitigate before sentencing him. Muthu in
mitigation said:

“I am 48 years old and unemployed. I have five children who are below 18
years of age and my wife passed away recently. I am full of remorse for
committing the offence and regret my actions. Please take my plea of guilty
into account.”

The DPP informed the court that public interest demands a deterrent sentence
as the offence is a serious one and is rampant. The DPP tendered Muthu’s
three (3) previous convictions. He submitted that the fact that Muthu pleaded
guilty should not be a factor to be taken into account and similarly, the fact
that Muthu has five children to support is not a mitigating factor. The DPP
also urged the court to impose whipping on Muthu.

The SCJ then sentenced Muthu to 18 months imprisonment from the date of
arrest and stated that he would not impose whipping on an elderly person like
Muthu. The Public Prosecutor appealed to the High Court on the inadequacy
of sentence meted out against Muthu.

As a DPP, what will be your submission to support your appeal?

Tutorial 10 (Appeal and Revision)

19. Can the High Court Judge order or take additional evidence during an appeal?

20. Johny aged 40 years is charged with an offence of dishonestly retaining a

stolen motor car with registration number NAE 6200 which he knows is stolen
by his friend, an offence under section 414 Penal Code. He was found guilty
and sentenced by the court to 12 months imprisonment. Although he has
pleaded guilty, Johny wishes to appeal to the High Court:
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 (a) Advise Johny if he could appeal?
(b) Can Johny appeal against his conviction? If he cannot, is there any
alternative procedure available to him to enable his case to be brought to the
attention of the Judge of the High Court?

Tutorial 11 (Appeal and Revision)

21. Explain the procedure to be adopted at the hearing of an appeal.

22. Sam a youthful offender was charged with two others still at large in the
Magistrate’s Court with an offence of theft of a television set belonging to
Lingam. He was unrepresented. The DPP had also tendered a previous
conviction report stating that Sam had been found guilty when he was a
juvenile and was released on a bond of good behavior.

On 5.5.2016 the Magistrate convicted and sentenced Sam to eight years

imprisonment. Through the Prisons Department Sam had appealed against the
conviction and sentence to the High Court. The High Court Judge who heard
the appeal deem it fit not to interfere with the decision of the Magistrate, thus
affirmed it.

Sam’s parents was not happy with what has happened to Sam, thus request
you to take the matter up further to a higher court. You are now retained as
counsel in the matter and you have decided to take the matter up to the Court
of Appeal. What will be your submission on the points of law in order to
support the application for leave at the Court of Appeal?

Tutorial 12 (Impeachment)

23. His Lordship Lee Hun Hoe CJ (as he then was) decided in the case of Bujang
Johny v PP [1965] 1 MLJ 172 as follows:

“It is most important that a separate sentence be passed on each conviction.

The Magistrate should then indicate whether the sentences were to run
concurrently or not.”

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 Elaborate on the principles applicable to the Court when deciding as to
whether the sentence to be meted out on an accused person ought to take effect
concurrently or consecutively.

24. Veloo aged 30 years was charged with the offence of kidnapping under section
364 Penal Code. Samy aged 40 years was PW1 at his trial. Samy turned hostile
against the prosecution and gave contradictory evidence with his previous 112
statement made to the police in the course of police investigation. The DPP took
steps to impeach his credibility.

At the end of the prosecution’s case, Veloo was acquitted and discharged.
Thereafter Samy was charged with the offence of perjury under section 194
Penal Code. The Sessions Judge convicted him at the end of trial and decides
that a deterrent sentence is appropriate. He imposed 3 years imprisonment, 2
strokes of whipping and a fine of RM50, 000, in default of payment of fine a
period of 10 months imprisonment.

Tutorial 13 (Inquiries of Death)

25. What is the duty of the Magistrate who has received a report of the apparent
cause of death of the aforesaid dead person from the police?

26. Danny found the body of a dead person in an abandoned hut and it was not
known how the dead person came by his death. Danny went to lodge a police
report at a police station nearby.

Advise the police on the steps to be taken upon receiving such information.

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