ADVANCED CRIMINAL PROCEDURE 1

LAW 601/546
SEP 2021- FEB 2022
ASSIGNMENT ONE

Guidelines for Assignment

1. Assignment is to be submitted on 15th Nov 2021 before or by 6 pm via Google

Classroom/other online platforms, according to your Tutor.

2. Please provide clearly on the cover of the assignment the following details:
Firm’s Name (Firm 1/2/3/4)
Group’s Name (e.g: LWH 07C)
Names of the Members
Submission Date

3. Format: Times New Romans (Font 12)-One and half (1.5) spacing. Start each
question with a new page.

4. The assignment should not be more than fifteen (15) pages. This is a group
assignment and participation from all members in the firm is compulsory.

Thank you and all the best

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 ASSIGNMENT ONE

Meon was so excited to go for a holiday trip to the Tioman Island after a restriction of
movement due to pandemic Covid-19 was lifted. He booked a holiday trip through a Happy
Travel Agency for him and his wife, Tina from 1st until 7th December 2021 and deposited RM
3,000 to Oren’s account, a manager of the agency whom he knew through his friend. Oren
promised Meon that the agency will arrange a 5-star hotel accommodation with activities
such as snorkelling and island hopping. He wanted Meon to meet him at Café Corner, Section
11 Shah Alam on the 23 November 2021 to deliver the flight tickets at 6 pm, after work ends.
On the above date, Meon went to Café Corner but Oren did not turn up. Meon was scared and
worried when Oren did not reply to his messages and answered his calls. The mobile number
used for communication previously was terminated and his calls went directly to the voice
mail. After conducting an inquiry, Meon realized that the office address appeared on the
receipt was false as the address belongs to Delicious Bakery shop, that have operated in the
last two years. Meon immediately lodged a report to the nearest police station as follow:
I made a booking with Oren, a manager of Happy Travel Agency for a holiday trip to
Tioman Island. The whole trip cost RM6000 but I paid him RM3,000 on the 1st of
November 2021 during the meeting at my office. A receipt was issued as attached.
The remaining balance is payable five days before the actual trip. However, on the 23
November 2021, a week before the trip, Oren supposed to deliver the flight tickets
and shared the details of the accommodation with me, but unfortunately Oren did not
turn up at Café Corner as promised and he could not be contacted. I went to his office
at the address stated in the receipt, but the address was untrue as it belongs to
Delicious Bakery shop.
On 26 November 2021, Meon was driving home from his office, located at PKNS Shah
Alam, when suddenly saw Oren, crossing the road. In anger, he stopped his car to pursue
Oren, but he was a bit late to follow the track of Oren. Luckily, after searching for 15
minutes, he saw Oren was about to enter his car at the car park near the Gerai Selera shop and
rushed towards him. Meon managed to grab Oren’s shirt and beat him by his fist. When
asked about his disappearance and silence after receiving the deposit money, Oren claimed
that he was having problem with his business partner and therefore avoided any
communication using his old number. He intended to give the flight tickets to Meon on the 28
November 2021, which is still before the flight schedule. The verbal argument between Oren
and Meon attracted the attention of Boboi and Sam. Boboi was Meon’s school classmate who
happened to be at the Gerai Selera. Boboi and Sam felt sorry for Meon after listening to the
argument and agreed to assist Meon. They managed to bring Oren to the nearest police
station by Boboi’s car. Upon arriving at the police station, Oren was submitted to Sergeant
Beta, a person in charge at Section 11 Shah Alam police station. Sergeant Beta immediately
rearrest Oren and detained him in the lock up. The matter was referred to Inspector Oscar to
conduct an examination of Oren.
a) Discuss whether the arrest of Oren was in accordance with the law. (25 marks)
During the examination, Oren requested for a legal representative but was denied by
Inspector Oscar. It was also found that in fact there, was no flight ticket purchased for Meon
and his wife Tina. In addition, a further investigation on Oren’s case was conducted and it
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was discovered that Oren was involved in a scammer operation through an online platform
known as ‘Romance’. In this operation, the modus operandi is to establish a relationship with
a female victim through online chatting. Messages of complimentary will be sent to the
women victims, such as telling the woman that she is beautiful and kind. Subsequently, the
scammer will coax the victim to send him money, by telling her that he is in financial debt, or
suffering from illness and or just lost his family member and in need of money.
Based on the reports lodged by one of the victims, Minah who had transferred RM5,000 to a
person known as Remmy, believed to be Oren scan name. Inspector Oscar, was informed by
Minah that Oren had told her, he is staying in his friend’s house at No 34, Taman Mawar,
Section 12 Shah Alam. On the same day, Inspector Oscar decided to conduct search of
Oren’s address. During the search at the premise, Apel, the occupant of the premise was
present, and Inspector Oscar introduced himself before starting to search the premise.
Inspector Oscar then instructed his team to conduct a body search on Apel. No incriminating
evidence was found on Apel’s body, but a search of the house led to the recovery of a laptop
at the living room, several expensive handphones and three luxury handbags from Apel’s
bedroom. The recovery of these items was recorded in a search list. Apel, was detained and
brought to the police station for examination. An analysis of the history search on the laptop
revealed that it has been used to send messages to female victims including Minah, using
online platform, Romance.
b) Discuss whether the search conducted on the premise, by Inspector Oscar is in
accordance with the law. (30 marks)
Following the search, Apel, was detained and brought to the police station for an
examination. Inspector Oscar wanted to apply for a remand for both Oren and Apel since the
investigation on Oren and Apel is still incomplete. Inspector Oscar produced Apel before a
Magistrate of Shah Alam and submitted a copy of the investigation diary relating to the
investigation on cheating, stating that Apel’s detention is required since he is an important
witness of Oren’s cheating cases. Apel claimed that he has just been released from detention
in police lock up last month after being remanded for 7 days by the Magistrate of Kelang and
therefore he should not be remanded again.
c) Assuming you are the Magistrate, discuss whether you would or would not issue
remand.
(25 marks)
In January 2022, Oren was later charged for an offence of cheating of Meon and Minah at the
Magistrate court of Shah Alam. During the trial of cheating against Meon, the prosecution
called Meon, Boboi and Sam as its witnesses. However, the first information report lodged by
Meon was not tendered and Oren denied issuing the receipt. Meanwhile for a prosecution of
on offence relating to Minah, Minah was called to testify and stated that she has never met
Remmy in person so was unable to recognize Remmy physical appearance. A bank statement
as proof of online transfer to Oren was tendered as an exhibit but the search list was not
tendered. Oren in his defence, denied the commission of the offence and instead accused
Apel, his co occupant, as the person known as Remmy.
d) In light of the above facts, discuss whether the non-tendering of the documents is fatal
to the prosecution case.

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 (20 marks)