INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

END-OF-SEMESTER EXAMINATION
SEMESTER 1, 2013/2014 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme : Bachelor of Laws Level of : Fourth

Study

Reading Time : 2.30 p.m. – 2.45 p.m. Date : 5.1.2014

Duration : ( 15 minutes )

Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections

Duration ( 3 hours )

Course Title : Criminal Procedure I Course Code : LAW 4310

This Question Paper Consists of 7 Printed Pages With 6 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer ONE (1) Question From Each Part.
Part A - Pink Booklet; Part B - Blue Booklet; Part C - Green Booklet.

REFERENCE ALLOWED
Criminal Procedure Code

Any form of cheating or attempt to cheat is a serious

offence which may lead to dismissal
Statutes should be free from any form of annotation.

APPROVED BY
 PART A

ANSWER ONE QUESTION ONLY (17 marks)

QUESTION 1

(a) Amin a 17 years and 10 months old boy was arrested for commission of theft at

Suria KLCC. The investigation paper was handed to Ali, the Assistant Public

Prosecutor with clear instruction to charge Amin. If you were Ali, determine:

(i) Whether the magistrate court in Kuala Lumpur can determine and hear the

offence?

(7 marks)

(ii) Whether there is any material difference if Amin attains 18 years during

the pendency of the trial?

(2 marks)

(iii) Whether there is any material difference if at the time Amin is to be

charged, he has attained 18 years old?

(2 marks)

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(b) The plane which both Ahmad (resident of Sabah) and Salleh (resident of

Selangor) were in, had an engine problem and the plane ditched into the High Sea.

At the High Sea, in order to stay afloat, they fought for possession of the only life

jacket, and in the ensuing struggle, Salleh was killed.

Determine whether the High Court of Sabah and Sarawak has the jurisdiction to

determine and try Ahmad for murder under section 302 of the Penal Code?

(6 marks)

QUESTION 2

Ali a national sprinter was taking a jog in Kampung Sungai Pusu, Gombak, Selangor,

when he saw a group of person chasing after a man with a backpack, yelling “thief!

thief!”. He put up a chase and managed to apprehend the man. In the backpack, they

found few handphones and wallets with money belonging to some of the village folks.

After several minutes of questioning and a bit of kicking and punching by some unknown

angry village folks, the suspect was handed to the police who arrived 30 minutes later.

Based as the above facts.

(a) Explain the legality of the arrest.

(10 marks)

(b) The appropriate court to determine and hear the case.

(7 marks)

3
 PART B

ANSWER ONE QUESTION ONLY (16 marks)

QUESTION 3

The police with a search warrant knocked on the door of Fathin’s premises requesting her

to allow them in. Fathin says “ok, but first allow me to put on a proper dress as it is

embarrassing to allow you in at this moment”. The police immediately entered the

premises by breaking the door and told Fathin not to leave the premises while the search

was being done. The police were looking for pirated Levis jeans but instead they found

boxes of Philippine cigarettes they suspected had been smuggled or illegally imported.

They seized the cigarettes and asked Fathin to sign a document for record purpose.

Determine whether:

(i) The force entry was lawful.

(5 marks)

(ii) Fathin was under arrest.

(6 marks)

(iii) The seizure was lawful.

(5 marks)

4
QUESTION 4

(a) Mary, a ‘tomboy’, was arrested at night on suspicion of peddling drugs, an

offence under the Dangerous Drugs Act 1952. Sergeant Aziz saw Mary hid

something in ‘his’ shirt. Fearing that the objects may be disposed of by Mary,

Aziz quickly made a body search on Mary and managed to retrieve from Mary’s

breast few packets suspected to be drugs but then Aziz realised that he searched a

woman.

Discuss the legality of the body search on Mary and support your answer with

relevant authorities.

(8 marks)

(b) Malik is a surety for Mazlan for the bond sum of RM15,000. Malik’s sister,

Malika, Mazlan’s fiancé informs Malik that Mazlan intends to elope to Thailand

with his ex-Thai girlfriend. Malika urges Malik to do something quick and that

Mazlan is now at the nearby bus station. The bus to Bukit Kayu Hitam Malaysia-

Thailand border is leaving in 30 minutes. Malik calls you for advise since you are

a final year law student. Malik wishes to know if he could get back the bond, sum

of RM15,000 which actually belongs to his sister.

Based on the facts advise Malik on the relevant law on bail.

(8 marks)

5
 PART C

ANSWER ONE QUESTION ONLY (17 marks)

QUESTION 5

(a) The power to institute prosecution is vested with the Public Prosecutor and any

purported attempt to take that away from him would be held as ultra vires the

Federal Constitution.

Explain the statement with relevant decided cases.

(7 marks)

(b) The Public Prosecutor has unfettered discretion in preferring the charge against an

offender, and whether that discretion was exercised by him judiciously or

otherwise is also a matter for him to decide.

Do you agree with the above statement. Support your answer with relevant

authorities.

(10 marks)

6
QUESTION 6

(a) When drafting a criminal charge, the prosecutor shall adhere as closely as possible

to the wording of the statute constituting the offence.

Explain with decided cases.

(8 mark)

(b) What is duplicity of charge as decided by Malaysian cases?

(3 marks)

(i) Ali committed cheating under section 418 of the Penal Code and dishonest

misappropriation under section 403 of the Penal Code in separate

occasions, may the two offences be tried jointly?

(2 marks)

(ii) Explain if otherwise.

(4 marks)