Suzy and June have been next-door neighbours for ten years but they are not in good

terms. They
are always trying to outdo each other. One day, June’s cat jumped over the fence and landed on
Suzy’s antique garden vase which broke into pieces. The vase was valued at RM80,000.00. Suzy
was really angry at June and intended to take legal action against her

Suzy’s son, Danny, who was 16 years old, mixed with a bad company and was subsequently
charged for theft of a motorcycle in the neighbourhood.

Answer the following questions based on the above scenario.

a) Which court shall have jurisdiction hear Suzy’s case? Discuss the composition and
jurisdictions of the court. (10 marks)
b) If Suzy is not satisfied with the judgement of the court of the first instance, which court
can she appealed to? Explain the jurisdiction of the court. (10 marks)
c) Which court has the jurisdiction to hear Danny’s case. Explain the jurisdiction of this
court and the special features of this court that distinguish it from other courts? (10
marks)
 a) Which court shall have jurisdiction hear Suzy’s case? Discuss the composition and
jurisdictions of the court. (10 marks)

The court that could hear Suzy’s case is the First Class Magistrates’ Court. According to
section 3(2) of the Subordinate Courts (Amendment) Act (SCA) 2010, there are two subordinate
courts for the administration of civil and criminal law in Peninsular Malaysia which are Sessions
Court and Magistrates’ Court. There are two types of Magistrates’ Courts. They are First Class
and Second Class Magistrates’ Court. A person must be a member of the Judicial and Legal
Service of the Federation in order to be appointed as First Class Magistrate as stated in section
78 of the SCA 2010 provided that this section shall not prevent the appointment of a person to
act temporarily as a First Class Magistrate. However, for the appointment of Second Class
Magistrates, the State Authority may appoint any fit and proper person to be a Second Class
Magistrate in and for the State according to section 79 of the SCA.
Magistrates’ Courts only have original jurisdiction. Generally, both can try for civil and
criminal cases within local limits of jurisdiction assigned on them. Next, they may issue
summons, writs, warrants or other process and also make interlocutory or interim orders such as
adjournment, remand and bail as stated in section 83(a),(b). In addition, they may conduct
inquest or inquiries of death.
First Class Magistrates’ Court has the authority to try all actions and suits of a civil
manner where the amount in dispute or value of the subject matter does not exceed
RM100,000.00 as stated in section 90 of SCA 2010. In criminal matters, in section 85 of SCA,
the court have jurisdiction to try all offences for which the maximum term of imprisonment does
not exceed ten years imprisonment or which are punishable with fine only. The court also have
special jurisdiction to try offences under section 392 (robbery) and section 457 (lurking, house-
trespass or housebreaking) of the Penal Code which the term of imprisonment may be extended
to fourteen years. A First Class Magistrate may pass any sentence allowed by law not exceeding
five years of imprisonment, a fine not exceeding RM 10,000.00, whipping up to twelve strokes
or any sentence combining any of the sentences aforesaid as can be seen in section 87 of SCA.
In Second Class Magistrates’ Court, in section 92 of SCA, the court only has jurisdiction
to try actions or suits where the amount in dispute or the value of the subject matter does not
exceed RM10,000.00. In criminal matters, the court have jurisdiction to try offences for which
the maximum term of imprisonment does not exceed twelve months or which are punishable by
fine sentence allowed by law according to section 88 of SCA. In section 89 of SCA, a Second
Class Magistrate may pass any sentence allowed by law not exceeding six months of
imprisonment, a fine not more than RM 1,000.00 or any sentence combining either of the
sentences aforesaid.
Hence, Suzy can bring her case to the court as the court has jurisdiction to hear cases in
which the value of the subject matter that does not exceed RM100,000.00.
 b) If Suzy is not satisfied with the judgement of the court of the first instance, which court
can she appealed to? Explain the jurisdiction of the court. (10 marks)

Suzy may appeal at the High Court. There are 3 types of jurisdictions of High Court
which are original jurisdiction, appellate jurisdiction and supervisory and revisionary
jurisdiction.
In the original jurisdiction, the High Court has unlimited power in civil and criminal
matters. For civil, it is divided into general and specific areas. In general matters, High Court can
try cases where the amount of dispute exceed RM 10,000. High Court can try the civil
proceedings as long as the cause of action arose within Malaysia, the defendant resides or has his
place of business within Malaysia , the facts on which the proceedings are based, exist or are
alleged to have occurred within Malaysia or any land the ownership of which is disputed is
situation within Malaysia. However, for specific matters, High Court can try divorce and
matrimonial cases, admiralty matters, bankruptcy and companies ,appointment and control of
guardian of infants ,appointment and control of guardians of mentally disordered person and
granting,altering or revoking probates of wills and letters of administration of estates of deceased
person. However, in criminal matters, the High Court has jurisdiction over citizen and non-
citizen and offences committed within its territory, has jurisdiction over citizens and permanent
residents and offences committed outside Malaysia.
High Court also has appellate jurisdiction which means High Court hears civil and
criminal appeals from Magistrates’ and Sessions Courts. For civil appeals, the claim must exceed
RM10,000 and for criminal appeals, no appeals concerning any offence punishable with fine
only not exceeding RM25 or where a person has pleaded guilty and has been convicted.
High Court also possesses supervisory and revisionary jurisdiction in which High Court
has been conferred general supervisory and revisionary jurisdiction over all subordinate courts.
In section 31 of Courts of Judicature Act 1964 (CJA 1964), the High Court has power to revise
criminal proceedings in a subordinate court. In section 32 of CJA1964, the High Court may call
for and examines the record of any civil proceedings before any subordinate court to satisfy itself
as to the correctness, legality or propriety of any decision recorded or passed, and as to the
regularity of any proceeding. In section 35 of CJA 1964 allows High Court to have revisionary
jurisdiction with more general supervisory jurisdiction. It makes the High Court have powers in
the interest of justice to call for the record of any proceeding, whether civil or criminal in any
subordinate court at any stage of such proceedings.
Therefore, Suzy may appeal at the High Court as it has appellate jurisdiction and the
amount of dispute exceeded RM 10,000 which is RM 80,000.
 c) Which court has the jurisdiction to hear Danny’s case. Explain the jurisdiction of this
court and the special features of this court that distinguish it from other courts? (10
marks)

Court for Children has jurisdiction to hear the case. According to Section 11(1)(a) of the
Child Act 2001, Court for Children have jurisdiction to hear or disposing of any charge against a
child. According to Section 2 of Child Act 2001 and Section 82 of the Penal Code, a child that
can be charged is 10 years old to below 18 years. Section 5 of Child Act 2001 states that Court
for Children has jurisdiction to try all criminal offences except those punishable by death.

This court has special features that are not available in other courts. Firstly, court is
closed to members of the public in order to protect the young offender from publicity. Section
12(3) of the Child Act 2001 states that only the court’s officials, accused/victim and their
parents/guardian/, counsel and witnesses are allowed. Unlike other cases, Section 15 of Child
Act 2001 states that cases in Court for Children cannot be reported to the media or if there is,
then the identity of the accused/victim must be kept confidential to protect the children.

Next, Section 12 of Child Act 2001 provides the court building/room for Court of
Children must be separated/different from that of the ordinary courts. If the offender is found
guilty, section 75 of Child Act 2001 provides he or she may be sent to one of the approved
institutions or correctional schools eg Henry Gurney School. Next, Section 94 of the Child Act
2001 states if children are charged with fines, the court has power to order parents to pay for it
instead of the child. Lastly, Section 11(2) of the Child Act 2001 provides that Court for Children
shall consist of a Magistrate who, in the exercise of his functions, shall be assisted by two
advisers to be appointed which one of the two advisers mentioned shall be a woman.

In this situation, Danny is 16 years old which makes him a minor. His offence is theft of
motorcycle which the charge will not be punishable to death. Danny can be brought to the Court
of Children as he fulfils the criteria. Because he is a minor, if he is found guilty, he will be sent
to correctional schools instead of facing fines or imprisonment.