TUTORIAL QUESTIONS: TOPIC 1.

Criminal Law in Business Context

1. Explain FOUR (4) examples of white-collar crime (8

marks)
Embezzlement or Misappropriation of Property
• Fraudulent conversion of property by a person to whom the property has been entrusted
• Example, falsification of accounting/other records to hide the misappropriation of funds or
other property.
Bribery
• Occurs when one person gives another money, property, favors etc. in return for some
advantages or preferential treatment
• Secret commission – where a person who is the agent/representative of another person takes a
commission from a 3rd party without disclosing that commission to the principal (s. 161 – 215
Penal Code)
Money Laundering
• The process whereby criminals convert the proceeds from their illegal activities to make it
look as if the proceeds had originated from legitimate funds so that the criminal can openly
use the ‘laundered’ funds or property without being suspected of their crimes.
Computer Crime
• Offence relating to embezzlement, industrial espionage and sabotage, and identity theft
Under Computer Crimes Act 1997 it is an offence if someone obtain an unauthorized access
to computer system and he/she use the computer systems for fraudulent purposes
2. One day, William was out drinking with his friends. Another customer at the restaurant, Min
How accidentally collided with him, making him mad. He demanded Min How to apologies but
was refused. As both men were highly intoxicated at the time, a fight broke up between them.
Police arrived at the scene and both of them was arrested for causing grievous hurt. Explain: -

a. The criminal procedure involved from the moment they were arrested until the moment
they are charged in court (10
marks)
b. What need to be proven by the Public Prosecutor in order to convict them with the crime
of causing grievous hurt (5 marks)

Sources of Law

Decide which source of law is applicable for the following situations. Justify your answer:-

1. Donoghue drinking a bottle of ginger beer in a café. A dead snail was found in the bottle. She fell
ill, and she sued the ginger beer manufacturer, Mr Stevenson. Court held that Mr Stevenson
owed a duty of care to her, which was breached, because it was reasonably foreseeable that
failure to ensure the product's safety would lead to harm to consumers. This later becomes
law known as tort of negligence (5 marks)

Yes, Donoghue should be successful in suing Stevenson. This is because he was

simply guilty under the case of negligence and that his activity satisfy all the necessary
elements of negligence.

 The defendant that is Stevenson had a duty of care towards the plaintiff, Mrs.
Donoghue to ensure that the bottles were packed healthily.
 The duty of care which he had towards the plaintiff was breaches by Stevenson.
He failed to maintain due care in making sure that the contents in the bottle were
not contaminated by some insect. He could not satisfy that.
 It was a result of the defendant's act that the plaintiff had to suffer. The result
from the defendant's activity could have been been foreseen that if the bottle
were not packed properly, they could be contaminated which could cause serious
health issues to the person consuming that.
 Lastly, the defendant had suffered as a result of plaintiff's activity. His activity was
solely responsible for the shock and illness which was suffered by the plaintiff. It
was a direct result of his activity.

Thus the defendant, David Stevenson satisfies all the ingredients of negligence and can
be possibly sued by Mrs. Donoghue.
2. Because Malaysia has a high rate of fatal accidents every year, it is proposed that a law is made
making it compulsory for all cars/lorries/buses to install dashboard camera in their
cars/lorries/buses. The purpose of this law is to make it easier to investigate accident cases.
Discuss whether the law should be made by the Parliament or by the DUN. Justify your answer.
(5
marks)
Parliament. This is because parliament have the power to accept the laws to made compulsory for
all cars, lorries and buses to install dashboard camer in their vehicles since the law can make it
easier to probe accident cases.

3. James is a Dusun man living in Kudat, Sabah. There is a dispute over tanah adat which he is
living on with another Dusun man. He seek your advice on the most suitable type of court that he
can go to settle the dispute (5
marks)
State law this is because Melaka is one of the historical cities of Strait of Malacca have
developed over 500 years of trading and cultural exchanges between East and West in the Straits
of Malacca.

4. Zulaikha and Yusuf are getting a divorce. Discuss which laws to be used when dealing with:-

a. The dissolution of their marriage

b. The custody of their 2 children
c. Their matrimonial property
(5
marks)
Syariah laws. All divorces of the marriages of Muslim persons in Malaysia are regulated by
the respective state enactments and must be undertaken in the Syariah court. A child below
the age of 9-11 years for a daughter and 7-9 years for a son will stay with the mother, while
the child above the age has right to choose between two parents. Matrimonial property is the
property that is obtained through joint effort by husband and wife during their marriage
effective according to the requirements set by Sharia Law. The court has the authority to
order the distribution matrimonial property when the court allowed the divorce statement or
divorce order. Therefore, the court with the authority for matrimonial property cases has to be
in the same state where the divorce took place and registered.
Court System in Malaysia

1. Kasut Cantik Sdn Bhd is a tenant who had rent a shophouse owned by Mr Lim Kiat Sing. The
rental agreement had stated that rental is renewed yearly and will end on March 2021. Due to
Covid-19 pandemic, the shophouse is not profitable and the company plan to terminate the
rental agreement 6 months after it is signed (in September 2020). Mr Lim Kiat Sing refused
to accept the termination and claimed that Kasut Cantik Sdn Bhd had breached their rental
agreement. He wants to take legal action against Kasut Cantik Sdn Bhd.

a. Which court has the jurisdiction to hear the case filed by Mr Lim Kiat Sing? Why? ‘
(5
marks)
a) Sessions court because this is an unlimited jurisdiction to try all actions of a matter concerning
motor vehicle accident, landlord and tenant.

b. If Mr Lim Kiat Sing planned to sue for damages amounting to RM1.2 million, can he
file the claim at the High Court? Justify your answer. (3
marks)

b) No because civil matter can hear all cases where the claim exceeds RM1 million except
motor vehicle, tenants and landlords.

2. Dr Azmi Sharom is a law lecturer at Universiti Malaya. He was charged with the offence of
saying seditious remarks in his weekly column in the Star and is charged under s. 4 of the
Seditions Act 1940. He plans to challenge the s. 4 of the Seditions Act as he claimed that the
law contravene Art 10 of the Federal Constitution that guarantees freedom of speech. Which
court has the jurisdiction to hear the matter? Why? (5
marks)
The jurisdiction to hear the matter is federal court. The exclusive jurisdiction to determine all civil
and criminal appeals from the Court of Appeal. In civil appeals, a litigant may appeal on point of low
the rejection or admission of evidence in lower court. In criminal cases’ an appeal may be made
acquittal or conviction or against sentence on a point of law because Dr Azmi who was charged with
 the offence of saying sedition remarks in his weekly column in the Star and charged under Section 4
of the Seditions Act 1940

Essay Question

Celebrity couple Akhir Ashaari and wife, Sha Al-Yahya sued Hajar Sdn Bhd for breach of contract
on the exclusive distribution of their perfume, Blue and Red.
 
The court found that Hajar Sdn Bhd (defendant), as the exclusive distributor and seller of the
perfume failed to carry out its responsibility in ensuring 20,000 bottles of the perfume belonging to
the Akhir Ashaari and Sha Al-Yahya (plaintiffs) were in good condition.
 
The judge said that the contract signed between the plaintiffs and the defendant clearly stated the role
and responsibility of each of the parties. He added, the defendant should check each and every bottle
of the perfume to ensure that it is in good condition, can be sold and used because the good name and
reputation of the plaintiffs are on each and every bottle received by the defendant.
 
The court held that the defendant must pay the damages of RM345,305 to the plaintiffs for breach of
contract.
 
Based on the above, identify and explain the classification of law involved.                      (10
marks)

The distinction between public law and private law. Private law is all situations relating to the
relationship between persons in the legal system, private law applies. Thus, the relationship
between citizens and governments is governed by this form of law. This is referred to as general
legislati on as well. That include the law of property and trust, family law, contract law,
commercial law and the law of tort. Meanwhile, public law is a set of laws regulati ng the
relati onship between private enti ti es or private organizati ons and public bodies (such as
municipal authorities and government departments). Public law in general tackles problems that
concern the general public or society as a whole.

The relati onship between law and justi ce is a law aimed at maintaining justi ce in society.
Moreover, Justice is an abstract idea of right and wrong; justice and equality.
- The relationship between law and ethics, not just acknowledging what is true, is about what is
right and what should be. In additi on, the purpose of the law is to govern the conduct of all
members of society, while ethics guides the individual in ensuring the law's validity and its
effect on relationships.
 The definition of law is based on my understanding that law is a code of conduct established by
a government or society in a specific area. Certain practices and customs are followed to deal
with crime, business, social relations, property, finance, and other laws. The rules are governed
and enforced by the authoriti es. Furthermore, the agency controls the codes of conduct or
conduct laid down by the governing authority and has statutory legal force. The thing that
people who are subject to limits or legal repercussions have to comply with and obey is the rule.