FACULTY OF LAW (FOL)

TUTORIAL 1 – Week 2

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.

3. However, over the years, public policy has shifted towards accepting plea bargaining.
In R v Goodyear [2005] 3 All ER 117, the English Court of Appeal decided differently
from R v Turner. A five men bench, presided by Lord Woolf, set up specifically to
decide on plea bargaining said:-

“(1) The rule of practice that a judge should never indicate the sentence
which he is minded to impose (subject to the exception that it is permissible
for him to say that the defendant pleads guilty or not guilty the sentence will
or will not take a particular form) no longer need be followed in
circumstances where a defendant personally instructs his counsel to seek an
indication from the judge of his current view of the maximum sentences
which would be imposed on the defendant.” (emphasis added)
[as per PP v Manimaran a/l Manickam [2011] 6 MLJ 534]

Discuss in light with the recent trends in criminal litigation with case law analysing.

FOL/FORM
05.07.2013