Assignment Folder: Faculty of Law & Government Department of Law

ASSIGNMENT FOLDER
FACULTY OF LAW & GOVERNMENT

Department of Law
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DECLARATION
I, (NAME) Lew Chun Hoe
(STUDENT ID) B1901762

NUMBER)
declare that:
 No part of this assignment has been copied from any other person’s work except where
due acknowledgment is made in the text, and
 No part of this assignment has been written for me by any other person except where
such collaboration has been authorised by the lecturer concerned.
Note:
 If the above declaration is found to be false, no mark will be awarded for this
assignment.
 By submitting your assignment through the HELP Learning Management System (lms),
you are deemed to have read, understood and signed the declaration
ASSIGNMENT EVALUATION FORM
CONTENT (40%)
Relevance to question asked, effective use of theory, topics discussed in depth, logically developed arguments, variety of
viewpoints expressed, reasonable length.
Comprehensive exploration of the topic with sound critical comments and a personal synthesis of the
32-40
issues shown. Outstanding essay.
A fuller, more systematic exploration of the topic which may include critical comments. Clear grasp of
28-31
theoretical concepts.
A lucid coverage of main points, intelligent interpretation. Reasonably balanced summary of the issues
24-27
as reflected in the course material.
Grasps main issues and shows knowledge of some relevant material but some subtle points may be
20-23 missed. Can distinguish between relevant and irrelevant materials. Overuse of quotations with little
explanation. Failure to comprehend the literature cited. Discussion too brief/superficial
Clear signs that the question is understood but use of relevant materials is thin. Unreflective personal
16-19 comments and incoherent arguments. Lack of understanding and focus. Issues seen in isolation, no
attempt to relate them to a broader framework.
A limited awareness of the requirements but serious errors either of fact or interpretation. Only partly
12-15
addresses the question.
0-11 Little evidence of understanding, factual material very thin and/or incorrect. No real signs of thought.
Marks Awarded:
SCHOLARSHIP (30%)
Original and creative thought, goes beyond course material
24-30 Shows evidence of extensive reading. Demonstrates independence of thought and critical insight.
21-23 Abundant evidence of independent reading and thinking.
18-20 Confident use of evidence, examples and references drawn from independent reading.
15-17 Restricted evidence of reading. Identical to many other essays read.
12-14 Little enrichment of basic course material.
9-11 Regurgitation of basic course materials. No evidence of reading in text of essay.
0-8 Entirely copied.
Marks Awarded:
STYLE AND PRESENTATION (20%)
Fluent style, correct grammar and spelling, clear framework, well organized
Eloquently written and professionally presented. Virtually flawless presentation. Well organized
16-20
answer.
14-15 Excellent writing skills exhibited. Well-presented line of argument. Few flaws are detected.
12-13 Reasonable writing style and presentation. Most presentation details met.
10-11 Quality of writing is patchy.
Contains grammatical and spelling errors. No evidence of proofreading of essay. Presentation is
8-9
muddled. Poorly written and presented
6-7 Confused writing style and unacceptable presentation.
0-5 Structure of essay barely discernible. Illegible. Unreasonably brief.
Marks Awarded:
REFERENCING (10%)
8-10 Extra referencing integrated into arguments.

7-8 Extra references included.
6-7 An accurate bibliography is attached. Adequate referencing.
5-6 Limited acknowledgements and light bibliography.
4-5 Weak and sloppy referencing.
3-4 References and citations lacking.
0-2 No acknowledgments or bibliography.
Marks Awarded:
REMARKS ON TURN-IT-IN:
GENERAL REMARKS:
Total Marks:
/100
/20
EXAMINER : DATE :
HELP UNIVERSITY
DEPARTMENT OF LAW
HULLB PROGRAM
LLB 104 A
CRIMINAL LAW
Zulharfan Murder Cases
WORD COUNT: 1521

Table of Contents
Introduction.........................................................................................................................7
Question 1...........................................................................................................................8
...........................................................................................................................................8
Question 2.........................................................................................................................11
Question3 ........................................................................................................................12
Question 4.........................................................................................................................13
.........................................................................................................................................14
References.........................................................................................................................15
List of websites................................................................................................................15
.........................................................................................................................................16
.........................................................................................................................................19
Introduction
The goal of this paper is to look in-depth into the criminal proceeding and discussing about the
parties involved and to explain their respective roles and function.
Question 1
According to the question above, there are 3 parties in total that are involved in this case, the
prosecutor that is filing the charge, the 18 defendant which are “Muhammad Akmal Zuhairi
Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif
Najmudin Azahat, Mohamad Shobirin Sabriand Abdoul Hakeem Mohd Ali, Mohd Hafiz Fauzan
Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul
Asraff Mala, Luqman Hakim Shamsuri, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi
Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif,
Muhammad Adib Imanand Mohamad Syazwan”, and also the High Court Judge.
As prosecutors play a critical role in the administration of justice, the rules governing their
important responsibilities should encourage them to respect and adhere to the aforementioned
principles, thereby contributing to fair and equal law enforcement and efficient crime prevention.
To begin, a prosecutor's job is to obtain evidence, draught changes, provide legal advice, and
assist investigators like the police.1. A prosecutor is tasked with prosecuting criminal offenders
on behalf of the state. After the judge has interrogated the accused, he must appear in court and
state the main points of the indictment. He will not change his mind after the court investigates
1
Australia federal prosecution service, ‘What is the role of prosecutors?’ <
https://victimsandwitnesses.cdpp.gov.au/your-role-and-prosecution/people-involved-
prosecution-process/what-role-prosecutors#:~:text=Prosecutors%20assess
%20evidence%2C%20draft%20charges,investigators%20such%20as%20the
%20police.> accessed 17 February 2022.
the evidence. If he believes the court's decision is so unjust that it will affect the outcome of the
case, he will appeal to a higher court.2
Prosecutors also analyze cases reported by police, cases involving complaints or suspicions
straightforwardly filed to public prosecutors, and cases discovered by public prosecutors, and
decide whether or not to prosecute them in court. Even in cases in which there is substantial
proof to obtain a conviction, prosectors have the authority not to prosecute cases given the
seriousness of the crimes as well as various circumstances.3
Next, a judge's job is to decide what evidence can be presented to the jury. A judge is
comparable to a match referee in that they are not to favour each side or the other, but rather to
ensure that the entire activities are conducted fairly..4
Finally, the role of the defence counsel is to highlight all of the evidence and conditions that
link to you not being guilty of the prosecution's charge. Likewise, if you are convicted, your
defence attorney must emphasise every factor that favours you receiving a light sentence..5
Following up the question, a burden of proof is a party’s responsibility to prove a disputed
charge, allegation, or defense (Yourdictionary.com, 2010). There are two parts to the burden of
proof: production and persuasion. The obligation to present evidence to a judge or jury is known
as the burden of production. The burden of proof is the requirement to persuade a judge or jury
to a certain standard. This standard is merely a benchmark that is established by examining the
2
臺灣臺中地方檢察署. 2022. ‘Functions - Duties and responsibilities of prosecutors’.
https://www.tcc.moj.gov.tw/296098/296099/296106/446539/post> Accessed 17
February 2022
3
Moj.go.jp. 2022. ‘The Ministry of Justice：Duties of Public Prosecutors and Public
Prosecutors’ Assistant Officers’.<https://www.moj.go.jp/EN/keiji1/keiji_keiji05.html
>Accessed 18 February 2022
4
United States Department of Justice, ‘Trial’
<https://www.justice.gov/usao/justice-101/trial> Accessed 18 February 2022.
5
Prosecution service <https://www.justice.gov/usao/justice-101/trial> Accessed 18
February 2022
quantity and quality of evidence presented. "Meeting the burden of proof" means that a party has
presented sufficient compelling evidence to meet the burden of persuasion standard.6 It is
important a vital key to proof or win a specific claim against the other party.
The prosecution’s burden of proof in a criminal case is one of the most challenging burden of
proof in law; it is beyond a reasonable doubt. 7. To convict the defendant, the prosecution must
present admissible evidence to the court demonstrating that all elements of the crime have been
established beyond a reasonable doubt. This could include physical acts as well as a mental state,
such as intent or recklessness, depending on the charge.8
On the other hand. If the prosecutor fails to prove the burden of proof, the defendant would be
acquitted without having to present their evidence of proof to the court. However, the defendant
can also choose to claim an affirmative defence that will help to defence against a charge. 9
Example of an affirmative defence would be self-defence, insanity or even entrapment.
Question 2
Any information or evidence that may lessen the severity of the crime, resulting in a lighter
sentence, is referred to as a mitigating factor. The absence of a criminal record may be

6
Libraries ,‘The Burden of Proof’ <https://open.lib.umn.edu/criminallaw/chapter/2-4-the-
burden-of-proof/> Accessed 18 February 2022.
7
8
Armstrong Legal, ‘What Does Beyond a Reasonable Doubt
Mean?<https://www.armstronglegal.com.au/criminal-law/evidence/what-does-beyond-a-
reasonable-doubt-mean/> Accessed 22 February 2022.
9
,Criminal defence lawyer, ‘Affirmative Defences in Criminal Cases’,
<https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-defense-
case/affirmative-defense.htm> [Accessed 22 February 2022].
considered a mitigating factor.10 In the case above, accused Muhammad Akmal Zuhairi and
Muhammad Azamuddin have higher chance of getting a mitigation for their offence, since both
of them were incredible at their studies and was also able to learn the basic knowledge of Al-
Quran and Fardu Ain according to the Sungai Buloh Prison, a matter of fact Muhammad Akmal
Zuhair had to represent the prison to go for a Quran memorisation contest. The court would also
consider that both of them were a first-time offender and had no past record, they were also
showing genuine remorse that will also maybe affect if the court decides to give a lenient
pushiment.
Aggravating factors, on the other hand, are proof or information that increases the
seriousness of the crime, such as a criminal history or connection with a criminal gang.
Aggravating Factors may result in a harsher penalty. Extenuating circumstances that may result
in a reduced sentence are known as mitigating factors. Aggravating factors are conditions that
increase the defendant's culpability and may lead to a high or maximum sentence being
imposed.11
10
William Jaksa,’Understanding Aggravating and Mitigating Factors in Criminal
Sentencing William Jaksa Criminal
Litigation’,https://www.toronto-criminal-lawyer.co/aggravating-and-mitigating-factors-in-
criminal-sentencing/ Accessed 22 February 2022.
11
DiCindioLaw ,'What Is The Difference Between Aggravating and Mitigating
Factors?'https://www.dicindiolaw.com/blog/what-is-the-difference-between-aggravating-
and-mitigating-factors/#:~:text=Mitigating%20factors%20are%20extenuating
%20circumstances,an%20enhanced%20or%20maximum%20sentence . Accessed 22
February 2022.
Question3
All of the offenders would have to go through Malaysia’s system of trials, which is going to
be the adversarial system. Adversarial system is commonly used in common law countries for
example United Kingdom and Malaysia etc. In a adversarial system, the judge will decide
whether where the prosecutor has proven the case beyond reasonable doubt, the court will not
make their own investigation about the case itself. In adversarial system, it is usually the
prosecutor and the defendant stating their argument while the judge makes the decision at the
end. The victim also does not have any recognised status expect for being the witness.12
On the other hand, Inquisitorial system is also a well-known system of trials that is mostly used
on civil legal systems for example New Zealand and Italy etc. The difference about inquisitorial
system is that its also described as official inquiry to ascertain the truth, while adversarial system
is more the debate between the prosecutor and the defendant. The judge who oversees the
proceedings has additional power under the inquisitorial method whereas adversarial the judge
servers as a middleman or the decider. 13The victim in insquistorial system have a more
recognised role since they were given formal role during an investigation trial.
12
Law.Commision, ‘ADVERSARIAL AND INQUISITORIAL SYSTEMS:
A BRIEF OVERVIEW OF KEY FEATURES’,
<https://moodle.pmaclism.catholic.edu.au/pluginfile.php/18970/mod_resource/content/
1/Adversarial%20and%20inquisitorial%20system%20outline.pdf> Accessed 22
February 2022.
13
Unodc, ‘Organized Crime Module 9 Key Issues: Adversarial versus Inquisitorial Legal
Systems’, <https://www.unodc.org/e4j/en/organized-crime/module-9/key-issues/
adversarial-vs-inquisitorial-legal-systems.html> Accessed 22 February 2022.
Question 4
They are in total of 4 different theories of punishment that’s involved which includes
Retribution, Deterrence, Rehabilitation and also incapacitation.
Firstly, retribution is one of the earliest forms of punishment was "an eye for an eye,"." Those
who support retribution believe that knowing a criminal received the appropriate level of
punishment for the crime committed gives victims of crime, as well as society as a whole, a
sense of satisfaction. These appropriate levels of punishment could be anything for example
driving after you drink, getting a speeding ticket that charges a specific amount..14
Deterrence is the next topic, and it focuses on both specific and general deterrence in order to
prevent future crime. The process of making anyone less prone to commit a crime in the future
because they are frightened of receiving a similar or worse punishment is known as specific
deterrence. The effect on members of the general public who are likely to commit a crime after
learning of yet another person's punishment is referred to as "general deterrence.".15
14
Point Park University Online,'Types of Crimes and Their Punishments | Learn Criminal
Justice'. <https://online.pointpark.edu/criminal-justice/types-of-criminal-punishment/ >
Accessed 22 February 2022
15
Following after, rehabilitation aims to change a criminal's behaviour in order to prevent future
crime. While in prison, this usually entails providing a variety of programmes, such as
educational and vocational programmes, treatment centre placement, and mental health
counselling. This approach also usually allows judges to include rehabilitation programmes as
part of a criminal's sentence. The goal is to reduce recidivism, or the number of people who
commit another crime after being released from prison.16
Finally, incapacitation is an old technique that is still employed today. The term
"incapacitation" refers specifically to a person's social exclusion. This could include prison time,
house arrest, or, under the worst scenario, execution. Many argue that this approach is flawed
because it ignores rehabilitation and reoffending, both of which are common in nations that
practise incapacitation.17
In conclusion, prosecution director Datin Kalmizah Salleh pressed for punishment that was
appropriate and proportional to the gravity of the offence committed so as to deter others from
committing the same crime, she wanted to let people know that when u committed a crime u
have to pay for it which is the theory of retribution and also she wanted to deter other people
from doing the same crime which involves the theory of deterrence.
16
17
References
List of websites

臺灣臺中地方檢察署. 2022. Functions - Duties and responsibilities of prosecutors.

https://www.tcc.moj.gov.tw/296098/296099/296106/446539/post Accessed 17 February
2022


<https://www.justice.gov/usao/justice-101/trial> Accessed 18 February
2022.‘Prosecution service’ <https://www.justice.gov/usao/justice-101/trial> Accessed
18February 2022


Criminal defence lawyer, ‘Affirmative Defences in Criminal Cases’,

case/affirmative-defense.htm> Accessed 22 February 2022.


February 2022.
Law.Commision, ‘ADVERSARIAL AND INQUISITORIAL SYSTEMS:A BRIEF

OVERVIEW OF KEY FEATURES’,
February 2022.
UNODC, ‘Organized Crime Module 9 Key Issues: Adversarial versus Inquisitorial Legal
Bibliography
Primary Sources
Secondary Sources
Websites

臺灣臺中地方檢察署. 2022. Functions - Duties and responsibilities of prosecutors.

https://www.tcc.moj.gov.tw/296098/296099/296106/446539/post Accessed 17 February
2022


<https://www.justice.gov/usao/justice-101/trial> Accessed 18 February
2022.‘Prosecution service’ <https://www.justice.gov/usao/justice-101/trial> Accessed
18February 2022


Criminal defence lawyer, ‘Affirmative Defences in Criminal Cases’,

case/affirmative-defense.htm> Accessed 22 February 2022.


February 2022.
Law.Commision, ‘ADVERSARIAL AND INQUISITORIAL SYSTEMS:A BRIEF

OVERVIEW OF KEY FEATURES’,
February 2022.
UNODC, ‘Organized Crime Module 9 Key Issues: Adversarial versus Inquisitorial Legal

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ASSIGNMENT FOLDER

FACULTY OF LAW & GOVERNMENT

(STUDENT ID) B1901762

8-10 Extra referencing integrated into arguments.

Zulharfan Murder Cases

WORD COUNT: 1521

case, he will appeal to a higher court.2

seriousness of the crimes as well as various circumstances.3

ensure that the entire activities are conducted fairly..4

Following up the question, a burden of proof is a party’s responsibility to prove a disputed

presented sufficient compelling evidence to meet the burden of persuasion standard.6 It is

such as intent or recklessness, depending on the charge.8

Example of an affirmative defence would be self-defence, insanity or even entrapment.

sentence, is referred to as a mitigating factor. The absence of a criminal record may be

Retribution, Deterrence, Rehabilitation and also incapacitation.

learning of yet another person's punishment is referred to as "general deterrence.".15

commit another crime after being released from prison.16

Australia federal prosecution service, ‘What is the role of prosecutors?’ <

臺灣臺中地方檢察署. 2022. Functions - Duties and responsibilities of prosecutors.

Moj.go.jp. 2022. ‘The Ministry of Justice：Duties of Public Prosecutors and Public

United States Department of Justice, ‘Trial’

Libraries ,‘The Burden of Proof’ <https://open.lib.umn.edu/criminallaw/chapter/2-4-the-

Armstrong Legal, ‘What Does Beyond a Reasonable Doubt

Criminal defence lawyer, ‘Affirmative Defences in Criminal Cases’,

William Jaksa,’Understanding Aggravating and Mitigating Factors in Criminal

DiCindioLaw ,'What Is The Difference Between Aggravating and Mitigating

Law.Commision, ‘ADVERSARIAL AND INQUISITORIAL SYSTEMS:A BRIEF

Australia federal prosecution service, ‘What is the role of prosecutors?’ <

臺灣臺中地方檢察署. 2022. Functions - Duties and responsibilities of prosecutors.

Moj.go.jp. 2022. ‘The Ministry of Justice：Duties of Public Prosecutors and Public

United States Department of Justice, ‘Trial’

Libraries ,‘The Burden of Proof’ <https://open.lib.umn.edu/criminallaw/chapter/2-4-the-

Armstrong Legal, ‘What Does Beyond a Reasonable Doubt

Criminal defence lawyer, ‘Affirmative Defences in Criminal Cases’,

William Jaksa,’Understanding Aggravating and Mitigating Factors in Criminal

DiCindioLaw ,'What Is The Difference Between Aggravating and Mitigating

Law.Commision, ‘ADVERSARIAL AND INQUISITORIAL SYSTEMS:A BRIEF

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