(b) Discuss the propriety of the arrest made by Beta.

(25 marks)

The issue of the matter is to whether the arrest of Apel made by Beta has been lawful
or not.

There are several persons who have certain authority to make an arrest. Its include the
police, private person and magistrate. In according to Section 27 of CPC, private person also
can make an arrest with non-bailable & seizable offence when it happen “in his view”. Held
in English case of Walters v WH Smith & Son Ltd, “in his view” can mean “in his presence”
or “within his sight”. Although the person did not actually witness the offence being
committed, but he was certain that the person running away trying to escape as he was in
such close proximity to the scene of the crime. However, in PP v Sam Hong Choy (1995), the
court said that the whole incident is to be treated as one single transaction. In this case, Beta
did not immediately see the perpetrator at the scene until he found another unknown man
when he running for about 700 meters away from it. So, it cannot be treated as a single
transaction.

Furthermore, according to Section 27 of CPC, private person can only make an arrest
on non-bailable and seizable offence. Beta is a guard in Taman Universiti, Shah Alam when
Minah is sexually assault and according to Section 354 of First Schedule in CPC, it is an
“Assault or use of criminal force to a person with intent to outrage modesty” which is
bailable & seizable offence. When Beta saw a man in black that later identified as Apel, is
near the place where the offence occurred, Beta take action on Apel. However, private person
can only make an arrest on non-bailable and seizable offence. This conclude that Beta has
made an unlawful arrest.

Conclusion, there are several rule in making an arrest. Beta must have grounds to make
an arrest without warrant. He also must know that private person can only execute an arrest
on non-bailable and seizable offence with the event occur in one single transaction.