Bulletin_10

CLJ Bulletin, Vol 2007, Issue 10

23 March 2007

CLJ Law MALAYSIA

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New This Week -

1. CLJ March (Part 3) 2007

COURT

FEDERAL COURT

PP v. Sa'ari Jusoh
(Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - Meaning of expression "selling" in definition of "trafficking" in s. 2 Dangerous Drugs Act 1952) [2007] 2 CLJ 197

COURT OF APPEAL

Ahmad Najib Aris v. PP
(Penal Code - Sections 302 and 376 - Murder and rape - Admissibility of appellant's confession - Admissibility of documentary evidence) [2007] 2 CLJ 229

Mah Hong Ching & Anor v. PP
(Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in heroin - Whether "selling" in s. 2 Dangerous Drugs Act 1952 refers to an actual sale and nothing short of that) [2007] 2 CLJ 292

Tan Kok Tong v. Hoe Hong Trading Co Sdn Bhd
(Company law - Winding up - Injunction to restrain petition - Whether debt claimed bona fide disputed on substantial grounds) [2007] 2 CLJ 305

SUBJECT INDEX

CIVIL PROCEDURE

Injunction - Injunction to restrain winding up petition - Test to be applied - Whether debt claimed bona fide disputed on substantial grounds - Whether not a debt due on demand - Whether just and equitable to grant injunction - Order as to costs
Tan Kok Tong v. Hoe Hong Trading Co Sdn Bhd
(Gopal Sri Ram, Low Hop Bing & Abdull Hamid Embong JJCA) [2007] 2 CLJ 305 [CA]

COMPANY LAW

Winding up - Injunction to restrain petition - Test to be applied - Whether debt claimed bona fide disputed on substantial grounds - Whether not a debt due on demand - Whether just and equitable to grant injunction - Order as to costs
Tan Kok Tong v. Hoe Hong Trading Co Sdn Bhd
(Gopal Sri Ram, Low Hop Bing & Abdull Hamid Embong JJCA) [2007] 2 CLJ 305 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - Meaning of expression "selling" in definition of "trafficking" in s. 2 Dangerous Drugs Act 1952 - Whether a reference to a present sale and not to a future one - Whether sale complete upon transfer of property in goods even though price not paid - Dangerous Drugs Act 1952, ss. 2, 39B(1)(a)
PP v. Sa'ari Jusoh
(Alauddin Mohd Sheriff, Nik Hashim, Augustine Paul, Abdul Aziz Mohamad & Hashim Yusoff FCJJ) [2007] 2 CLJ 197 [FC]

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in heroin - Appeal against conviction and sentence - Whether there had been sale of proscribed drug by accused - Whether "selling" in s. 2 Dangerous Drugs Act 1952 refers to an actual sale and nothing short of that - What amounts to a sale - Dangerous Drugs Act 1952, ss. 2, 39B(1)(a)
Mah Hong Ching & Anor v. PP
(Gopal Sri Ram, Zulkelfi Makinudin & Suriyadi Halim Omar JJCA) [2007] 2 CLJ 292 [CA]

Penal Code - Sections 302 and 376 - Murder and rape - Appeal against conviction and sentence - Whether trial judge erred in law - Admissibility of appellant's confession - Admissibility of documentary evidence - Consideration of circumstantial evidence in its entirety - Whether appellant rightly convicted for rape and murder
Ahmad Najib Aris v. PP
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Azmel Maamor JJCA) [2007] 2 CLJ 229 [CA]

CRIMINAL PROCEDURE

Trial - Prosecution's case - Opening address - Whether case for prosecution restricted to what was stated in opening address - Presumption of trafficking - No mention of possession of dangerous drugs by accused in opening address - Whether accused would suffer any prejudice if presumption of trafficking invoked against him - Dangerous Drugs Act 1952, s. 37(da)
PP v. Sa'ari Jusoh
(Alauddin Mohd Sheriff, Nik Hashim, Augustine Paul, Abdul Aziz Mohamad & Hashim Yusoff FCJJ) [2007] 2 CLJ 197 [FC]

EVIDENCE

Circumstantial evidence - Securing conviction of - Consideration of evidence in its entirety - Whether led to conclusion that appellant and no one else had raped and murdered victim - Whether discrepancies in evidence could be explained away by reasonable conjectures - Whether appellant rightly convicted
Ahmad Najib Aris v. PP
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Azmel Maamor JJCA) [2007] 2 CLJ 229 [CA]

Confession - Made to magistrate - Admissibility - Whether there existed strong suspicion that appellant pressured by police into making confession - Whether magistrate should have refused to record confession - Whether trial judge erred in law in admitting confession as one made voluntarily
Ahmad Najib Aris v. PP
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Azmel Maamor JJCA) [2007] 2 CLJ 229 [CA]

Documentary evidence - Computer printout - Admissibility - DNA documents produced by computer - Whether deemed to have been produced in course of its ordinary use - Evidence Act 1950, s. 90A(1), (2), (6)
Ahmad Najib Aris v. PP
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Azmel Maamor JJCA) [2007] 2 CLJ 229 [CA]

STATUTORY INTERPRETATION

Construction of statutes - Legislation by reference - Whether contrary to established principles of statutory construction to use definition found in one Act of Parliament to ascertain meaning of same or similar term or expression in another - Dangerous Drugs Act 1952, s. 2 - Sale of Goods Act 1957, s. 5(1)
Mah Hong Ching & Anor v. PP
(Gopal Sri Ram, Zulkelfi Makinudin & Suriyadi Halim Omar JJCA) [2007] 2 CLJ 292 [CA]

Construction of statutes - Penal statutes - Expression "selling" in definition of "trafficking" in s. 2 Dangerous Drugs Act 1952 - Whether must be construed strictly - Ambiguity - Statutes must be looked at as a whole - Whether a reference to a present sale and not to a future one - Dangerous Drugs Act 1952, ss. 2, 39B(1)(a), (b), (c)
PP v. Sa'ari Jusoh
(Alauddin Mohd Sheriff, Nik Hashim, Augustine Paul, Abdul Aziz Mohamad & Hashim Yusoff FCJJ) [2007] 2 CLJ 197 [FC]

WORDS & PHRASES

"selling" - Dangerous Drugs Act 1952, s. 2 - Meaning of
PP v. Sa'ari Jusoh
(Alauddin Mohd Sheriff, Nik Hashim, Augustine Paul, Abdul Aziz Mohamad & Hashim Yusoff FCJJ) [2007] 2 CLJ 197 [FC]

"selling" - Dangerous Drugs Act 1952, s. 2 - Meaning of - Whether refers to an actual sale and nothing short of that
Mah Hong Ching & Anor v. PP
(Gopal Sri Ram, Zulkelfi Makinudin & Suriyadi Halim Omar JJCA) [2007] 2 CLJ 292 [CA]

CASE OF THE WEEK

LEMBAGA TATATERTIB PEGUAM-PEGUAM v. WAN MOHD NAZRI WAN HASSAN

LEGAL PROFESSION: Professional discipline - Misconduct - Disciplinary proceeding, procedure - Whether Disciplinary Board could forthwith appoint Disciplinary Committee to deal with complaint of misconduct against advocate and solicitor - Whether must first appoint Investigating Tribunal to inquire into complaint - Legal Profession Act 1976, ss. 94, 95, 99, 100, 102, 103A, 103B, 103C

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