Bulletin_07

CLJ Bulletin, Vol 2006, Issue 7
24February 2006

Introduction:
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New This Week -

CLJ February (Part 2) 2006

COURT

FEDERAL COURT

PP v. Mohd Radzi Abu Bakar
(Courts - Appeals - Whether an appellate court can make its own findings of fact) [2006] 1 CLJ 457

COURT OF APPEAL

Mohamad Fauzi Ridzwan & Anor v. PP
(Dangerous Drugs Act 1952 - Section 39B - Trafficking in dangerous drugs - Appeal against conviction and sentence) [2006] 1 CLJ 478

PP v. Kenneth Fook Mun Lee & Another Appeal
(Penal Code - Section 300(d) - Ingredients of murder under s. 300(d)) [2006] 1 CLJ 499

PP v. Letchumanan Suppiah
(Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - Appeal against acquittal of accused) [2006] 1 CLJ 557

Said Hashim Mohd Basri v. PP
(Criminal procedure - Sentence - Stay of execution) [2006] 1 CLJ 570

SUBJECT INDEX

CONSTITUTIONAL LAW

Courts - Appeals - Whether an appellate court can make its own findings of fact
PP v. Mohd Radzi Abu Bakar
(Ahmad Fairuz PCA, Abdul Malek Ahmad FCJ & Gopal Sri Ram JCA) [2006] 1 CLJ 457 [FC]

Courts - Judicial power - Whether declaration of common law by superior court operates retrospectively
PP v. Mohd Radzi Abu Bakar
(Ahmad Fairuz PCA, Abdul Malek Ahmad FCJ & Gopal Sri Ram JCA) [2006] 1 CLJ 457 [FC]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 37(da) - Prosecution’s burden to prove possession where s. 37(da) is relied on
PP v. Mohd Radzi Abu Bakar
(Ahmad Fairuz PCA, Abdul Malek Ahmad FCJ & Gopal Sri Ram JCA) [2006] 1 CLJ 457 [FC]

Dangerous Drugs Act 1952 - Section 39B - Trafficking in dangerous drugs - Appeal against conviction and sentence - Whether 1st appellant guilty of trafficking within definition of s. 2 - Whether prosecution succeeded in making out a prima facie case against 1st appellant - Whether prosecution succeeded in proving its case beyond reasonable doubt against 2nd appellant - Dangerous Drugs Act 1952, s. 2
Mohamad Fauzi Ridzwan & Anor v. PP
(Gopal Sri Ram, Tengku Baharudin Shah & James Foong JJCA) [2006] 1 CLJ 478 [CA]

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - Appeal against acquittal of accused - Whether accused in actual possession of dangerous drugs - Whether statutory presumption under s. 37(d) would operate against accused - Whether legal presumption of trafficking under s. 37(da) could be invoked against accused - Whether charge ought to be amended to one of possession under s. 12(2) - Dangerous Drugs Act 1952, ss. 37(d), (da)
PP v. Letchumanan Suppiah
(Abdul Kadir Sulaiman, Arifin Zakaria & Nik Hashim JJCA) [2006] 1 CLJ 557 [CA]

Penal Code - Section 300(d) - Ingredients of murder under s. 300(d) - Whether intention a necessary element in s. 300(d)
PP v. Kenneth Fook Mun Lee & Another Appeal
(Abdul Kadir Sulaiman, Mohd Ghazali Yusoff & Tengku Baharudin Shah JJCA) [2006] 1 CLJ 499 [CA]

CRIMINAL PROCEDURE

Appeal - Acquittal, against - Accused charged with trafficking in dangerous drugs - Acquittal of accused without calling upon defence - Whether trial judge had erroneously found that no prima facie case made out against accused - Whether charge ought to be amended to one of possession under s. 12(2) Dangerous Drugs Act 1952
PP v. Letchumanan Suppiah
(Abdul Kadir Sulaiman, Arifin Zakaria & Nik Hashim JJCA) [2006] 1 CLJ 557 [CA]

Appeal - Conviction and sentence, against - Whether 1st appellant guilty of trafficking within definition of s. 2 - Whether prosecution succeeded in making out a prima facie case against 1st appellant - Whether prosecution succeeded in proving its case beyond reasonable doubt against 2nd appellant - Dangerous Drugs Act 1952, s. 2
Mohamad Fauzi Ridzwan & Anor v. PP
(Gopal Sri Ram, Tengku Baharudin Shah & James Foong JJCA) [2006] 1 CLJ 478 [CA]

Defence - Automatism - Whether defence of automatism available where accused commits offence while undergoing hypoglycaemic episode - Whether accused acted voluntarily
PP v. Kenneth Fook Mun Lee & Another Appeal
(Abdul Kadir Sulaiman, Mohd Ghazali Yusoff & Tengku Baharudin Shah JJCA) [2006] 1 CLJ 499 [CA]

Defence - Duty of court - Whether court can consider a defence disclosed by evidence even if not raised by the defence
PP v. Kenneth Fook Mun Lee & Another Appeal
(Abdul Kadir Sulaiman, Mohd Ghazali Yusoff & Tengku Baharudin Shah JJCA) [2006] 1 CLJ 499 [CA]

Defence - Intoxication - Whether intoxication constitutes a defence to any criminal charge - Whether self-induced intoxication may be a defence to a criminal charge
PP v. Kenneth Fook Mun Lee & Another Appeal
(Abdul Kadir Sulaiman, Mohd Ghazali Yusoff & Tengku Baharudin Shah JJCA) [2006] 1 CLJ 499 [CA]

Jurisdiction of court - Federal Court - Applicant’s motion praying for stay of execution of imprisonment sentence pending disposal of appeal in Federal Court - Motion arose out of decision of Court of Appeal in respect of a criminal matter decided by Sessions Court in its original jurisdiction - Whether Federal Court had jurisdiction to hear and determine appeal - Whether issue of stay of execution would not arise - Courts of Judicature Act 1964, s. 87
Said Hashim Mohd Basri v. PP
(Abdul Kadir Sulaiman, Arifin Zakaria & Nik Hashim JJCA) [2006] 1 CLJ 570 [CA]

Prosecution - Prima facie case - Prosecution must establish its case beyond reasonable doubt before defence can be called - Whether court must make and record finding at close of prosecution’s case that prosecution has proved its case beyond reasonable doubt - Whether court must undertake maximum evaluation of prosecution evidence - Whether court must assess credibility of prosecution witnesses and draw inferences admitted by prosecution evidence
PP v. Mohd Radzi Abu Bakar
(Ahmad Fairuz PCA, Abdul Malek Ahmad FCJ & Gopal Sri Ram JCA) [2006] 1 CLJ 457 [FC]

Sentence - Stay of execution - Applicant’s motion praying for stay of execution of imprisonment sentence pending disposal of appeal in Federal Court - Motion arose out of decision of Court of Appeal in respect of a criminal matter decided by Sessions Court in its original jurisdiction - Whether Federal Court had jurisdiction to hear and determine appeal - Whether issue of stay of execution would not arise - Courts of Judicature Act 1964, s. 87
Said Hashim Mohd Basri v. PP
(Abdul Kadir Sulaiman, Arifin Zakaria & Nik Hashim JJCA) [2006] 1 CLJ 570 [CA]

Trial - Prima facie case - Whether at prima facie case stage court can anticipate or speculate any defence that has not been raised
PP v. Kenneth Fook Mun Lee & Another Appeal
(Abdul Kadir Sulaiman, Mohd Ghazali Yusoff & Tengku Baharudin Shah JJCA) [2006] 1 CLJ 499 [CA]

WORDS & PHRASES

"Trafficking" - Dangerous Drugs Act 1952 - Definition of
Mohamad Fauzi Ridzwan & Anor v. PP
(Gopal Sri Ram, Tengku Baharudin Shah & James Foong JJCA) [2006] 1 CLJ 478 [CA]

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LAND LAW: Sale of land - Beneficial ownership - Whether original purchasers of land retained an equitable or beneficial interest in said land that was not extinguished despite various subsequent dealings with it

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