UUUK4223 AMALAN PROFESIONAL IIB (ADVOKASI & LITIGASI)

NAMA: NADI NAJMI ANNAS BIN NAZATUL AMRI (A161610)

NAMA FELO: TUAN IQMAR SYAFIQ BIN MOHD AZMI
NAMA PENSYARAH: EN. AMINURSYED MAHPOP
SESSION WITH FELO: WEEKLY REPORT

DATE: 28/2/2020

1. ICE-BREAKING
We have decided to invite our esteemed Felo to be in a Whatapps group with us. Besides
through the social media, we have had the oppoturnity to have a formal introduction with our
esteemed Felo on our first meeting. Sir Tuan Iqmar Syafiq bin Mohd Azmi is an advocate
and solicitor and has a firm in Kuala Lumpur that practices criminal cases.

2. PP V MATHINATHAN
a. THE “CHARGE SHEET”
The accused is charged for being found by the police in the middle of the
night to be in possession of a rotan with a measure of 88cm in front of an
entertainment center in Seremban. The accused is charged under Section 6(1)
of the Corrosive and Explosive and Offensive Weapons Act 1958.

b. S. 6(1) OF CORROSIVE AND EXPLOSIVE AND OFFENSIVE WEAPONS ACT

1958
Its preamble reads, “An Act to provide certain penalties relating to the unlawful
possession of corrosive and explosive substances and the carrying of
offensive weapons.” Meanwhile, S. 6(1) reads as follows;

“6. (1) Any person who in any public road or place carries or has in his
possession or under his control any offensive weapon otherwise than with
lawful authority or for a lawful purpose shall be guilty of an offence and on
conviction be liable to imprisonment for a term of not less than five years and
not more than ten years, and to whipping.”

i. CASE REVIEW
Everybody came up with the case reviews that our esteemed Felo had asked
to bring weeks earlier. The case that I brought was Seljuvanan v PP. This is
UUUK4223 AMALAN PROFESIONAL IIB (ADVOKASI & LITIGASI)
NAMA: NADI NAJMI ANNAS BIN NAZATUL AMRI (A161610)
NAMA FELO: TUAN IQMAR SYAFIQ BIN MOHD AZMI
NAMA PENSYARAH: EN. AMINURSYED MAHPOP
SESSION WITH FELO: WEEKLY REPORT

Sessions Court case, where the accused is charged under the said section for
being found in front of bangunan rumah laying-layang holding and in
possession of a parang in the middle of the night

ii. ELEMENT OF THE CRIME

Our esteemed Felo had dissected all of our cases and showcased to us the
elements to be proved for a charge under Section 6(1) of the said Act, i.e;

1. PUBLIC PLACE
The accused must be found with the offensive weapon in a public road
or place.

2. OFFENSIVE WEAPON
The item or weapon found must be an “offensive weapon” under the
Act.

3. POSSESSION, CONTROL AND KNOWLEDGE

The accused must be in possession or in control of the offensive
weapon and he must have knowledge of the possession or control.

4. LAWFUL AUTHORITY OR LAWFUL PURPOSE

The weapon must be identifyed by the court to be within the
possession or control of the accused for an illegal purpose or is clearly
dangerous to the public if the accused does not have a reasonable
reason to be in possession or control over it.
UUUK4223 AMALAN PROFESIONAL IIB (ADVOKASI & LITIGASI)
NAMA: NADI NAJMI ANNAS BIN NAZATUL AMRI (A161610)
NAMA FELO: TUAN IQMAR SYAFIQ BIN MOHD AZMI
NAMA PENSYARAH: EN. AMINURSYED MAHPOP
SESSION WITH FELO: WEEKLY REPORT

DATE: 13/3/2020

1. CASE PREPARATION
Sir Iqhmar asked us what is trial is all about? Is about intimidating the witness so they will
turn against the opposite party? Is it about getting the witness to agree with your contentions
as you ask them questions? All of these questions will not produce the right answers as they
are the wrong questions to be asked, since we have been pre-conditioned to be having those
kind of notions out of the movies we watched since we was a kid about how a lawyer
dramatically triumph over its adversary to win for the client, ergo, the audience.

a. IDENTIFYING ISSUE
One of the fundamentally important step for either a prosecuting or defending lawyer
is to be notoriously critical and accurate enough to establish the issues of the case
once he had been introduced to the facts. In a case carrying a charge under S. 6(1) of
The Corrosive and Explosive and Offensive Weapons Act 1958, it is necessary for
the court to be informed of the answers to the right question. The questions (issues)
are to be formulated and presented by the counsels in contention of the accused with
the elements of the case. For today’s session, our esteemed Felo have had the courtesy
to provide us with one issue made up from a theoretical circumstance. The following
are the said issue:

“Whether the ‘parang’ was found with the Accused?”

b. PROVING YOUR CASE

If you are the PP, what is it that you want to prove? Yes, that the parang was found
in the accused, bearing in mind also that your also have to prove that he knows of the
existence or place of the parang and he intends to use for illegal purpose. The next
question is, how are you going to prove it?

i. By witness
UUUK4223 AMALAN PROFESIONAL IIB (ADVOKASI & LITIGASI)
NAMA: NADI NAJMI ANNAS BIN NAZATUL AMRI (A161610)
NAMA FELO: TUAN IQMAR SYAFIQ BIN MOHD AZMI
NAMA PENSYARAH: EN. AMINURSYED MAHPOP
SESSION WITH FELO: WEEKLY REPORT

As the PP, you will peruse all the documents that have been given to you of
the police investigation. For an example, in the FIR, you can identify at least
one or two witness to appear in court to establish your case, i.e., the raiding
officers and the investigation officer.

2. EXERCISE
At the end of the session, our esteemed Felo had conducted a practical exercise for us to
participate. We are divided between the opposing parties is a criminal trial, and each of us
have 5 chance to ask the witness questions to build our case or destroy the other. The witness
is set to be the accused. Our esteemed Felo also remind us to consider all the elements of the
crime so that we can acquire the right facts in order for we to make comments that carries
contention to our arguments.

Highlight of the Day

The answer to the opening statement that our esteemed Felo had made in initiating the session
tonight which is that in trial, it is all about how an advocate utilize his skills as an advocate,
which is testing out the evidence, make comments on that evident and state how the evidence
favour to his case within the necessary standard of proof.

-Sir Tuan Iqmar Syafiq bin Mohd Azmi (2020).