CRIMINAL LAW II
LIA2007
TUTORIAL QUESTIONS
DR ZULAZHAR BIN TAHIR – LIA2007
CRIMINAL LAW II – LIA2007
TUTORIAL QUESTIONS
1. Assault/Criminal Force
1.1 Discuss the decisions of the courts in the cases of:
(i) Chandrika Sao v The State of Bihar [1964] (1) (Vol. 30) SCJ 116
(ii) Jashanmal v Brahmanand AIR (31) 1944 Sind 19;
(iii) Datuk Seri Samy Vellu v S Nadarajah [2000] 8 CLJ
2.1. Ah Long operates an unlicensed money lending business. Kassim borrowed RM
10,000 from him. Kassim had failed to pay the installment for a year. Ah Long asked
his assistant Bala to see Kassim for the payment. Bala saw Kassim and warned Kassim
to pay, if not he is not safe. Bala shakes is fist at Kassim, while threatening to strike
Kassim if he did not pay. Kassim was so scared, he agreed to pay, even though he
knew he could not do so. Has Bala committed the offence of assault?
2. Hurt/Grievous hurt
2.1. Discuss the decisions of the courts in the following cases:
(i) Manzoor Ahmad v State (1984) 21 ACC 406
(ii) Rambaran Mahton v The State AIR (1958) Pat 452
(iii) Hori Lal v The State AIR (1970) 1969
(iv) Abdul Kassim bin Idris v PP [2007] 4 MLJ 738
2.2. One day, Mat’s old friend, John visited him. While they were chatting, John told Mat
that he was depressed because his girlfriend, Yam, was having an affair with a man
named Boy. John wanted Mat to help him teach Boy a lesson. The next day Mat met
John. They both got into Mat’s car and headed for a parking lot near to Boy’s office.
On the way there, Mat told John that he brought along a chemical powder which
could cause pain but not injury. They waited for Boy. When they saw Boy, Mat went
to him and asked him whether he was Boy. Boy nodded his head and Mat threw the
chemical powder on to Boy’s face. Boy felt the pain and started to scream. He tried
to clean his face by wiping the chemical powder off with his handkerchief. When Boy
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felt his face burn, he headed for a nearby water pipe and washed his face. The
chemical reacted to the water and the burning became worst. He was rushed to the
hospital where he suffered 40% burn and was hospitalized for 3 months. Has Mat
committed the offence of causing grievous hurt?
3. Abduction/kidnapping
3.1. With reference to the following cases, discuss the judgments of the courts:
(i) Dalchand v State (1969) Cri LJ 585
(ii) Sheik Davood Saheb v State (1954) MWN 389
(iii) Gouse bin Haji Kader v R (1946) 12 MLJ 36
(iv) Wahab Osman v PP [2003] 5 CLJ 195.
(v) Syed Abu Tahir a/l Mohamed Esmail v PP [1988] 3 MLJ 485
3.2. Discuss how sections 360 and 361 of the Penal Code be used to stop parental abduction?
4. Sexual offences
4.1. Discuss the decisions of the courts in the following cases:
(i) Reg v Morgan [1976] AC 183
(ii) Public Prosecutor v Toe Eng Chye [1988] 1 MLJ 156
(iii) PP v Mohd Ridzwan bin Md Borhan [2004] 5 MLJ 300
(iv ) Bunya ak Jalong v PP [2015] 5 MLJ 72
(iv) Sukma Darmawan Sasmitaat Madja v PP [2007] 4 CLJ 697
(v) PP v Mohd Malek Ridhzuan bin Che Hassan [2014] 1MLJ 363
4.2. Bella, a 17 years old student went into the school toilet to change from her sports
attire to her college uniform. She entered into a cubicle. Shortly after she entered
and shut the cubicle door behind her, she heard a knock on the door, and thinking
that it was one of her friends, she opened it. She saw Jack, he pushed his way in and
locked the door. When she started to scream, he held her throat tightly with one
hand and threatened her with the knife he held in his other hand. He warned her that
he would kill her if she screamed, and he raped her. Throughout the ordeal Bella was
in constant fear of being stabbed by the Jack. Jack left Bella when it was over. Can
Jack be charged with rape?
5. Culpable homicide/murder
5.1. With reference to the provisions of section 299 and section 300, discuss the differences
between the offence of culpable homicide and murder.
5.2. Discuss the decisions of the courts in the following cases:
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(i). Virsa Singh v State of Punjab AIR [1958] SC 465
(ii) Mohammed Yassin bin Hussin v PP [1976] 1 MLJ 156
(iii) Than Kaui Yau v PP [1977] 1 MLJ 174
(iv) Tan Chew Bok v PP [1992] 1 SCR 205
(v) PP v Megat Shahrizat Megat Shahrur [2013] 3 MLJ 227
(iv) Joy bin Felix v PP [2015] 6 MLJ 360
5.3. Discuss 3 of the exceptions provided in section 300 of the Penal Code. Illustrate your
answers by referring to the relevant cases.
5.4 What are the differences between section 307 and section 308 of the Penal Code?
6. Death due to negligence
6.1. Discuss the differences of section 304A of the Penal Code and section 41 of the Road
Transport Act 1987 in relation to death due to negligence.
6.2. Discuss the decisions of the courts in the following cases:
(i) Lee Lai Siew v PP, Voon Wee Hian v PP [1978] 1 MLJ 259
(ii) PP v Mat Zali bin Lahman [2010] 8 MLJ 403
(iii) PP v Mahfar Sairan [2000] 7 CLJ 600
(v) PP v Kee Hang Boon [2009] 8 MLJ 245
6.3. Jack and Ali were on their way home after celebrating Jack’s 21st birthday. It was
midnight and the road was deserted. Ali asked Jack to hurry up because he had to be
home latest by 1.00 a.m. Jack increased the speed of his car to 120 per hour on a
federal road. At that time he received a text message from his girlfriend Nina. He took
his eyes of the road to read the message and replied. Nina will give him hell if he did
not response immediately. Jack lost control over the car and it rammed into another
in coming car. Ali and the driver of the other car died in the accident. Jack suffered
serious injury. Can Jack be liable for both deaths? Discuss.
7. Theft/Extortion/Robbery/Receiving Stolen Property/Cheating/Forgery
7.1. Discuss the following decisions by the courts:
(i) Che Man bin Che Mud [1994] 4 CLJ 823
(ii) Rex v Lim Soon Gong (1939) 8 MLJ 10
(iii) K.N. Mehra v The State of Rajasthan 1957 AIR SC 369
(v) PP v Hong Ah Huat [1971] 1 MLJ 52
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7.2. By referring to the following cases, discuss the judgment of the courts:
(i) Pendakwa Raya v Isa bin Johnit [1994] 3 MLJ 218
(ii) Ang Eng Beng v PP [1990] 3 MLJ 321
(iii) PP v Sani bin Sunggoh [1989] 1 MLJ 14
(v) Dato’ Haji Harun Idris v PP [1978] 1 MLJ 240
(vi) Sanjeev Kumar a/l Verasingam v PP [2015] 2 MLJ 589
7.3. Discuss the difference between the offence of cheating in section 415 and forgery in
section 463 of the Penal Code.
8. CMA/CBT
8.1. Read the following cases and discuss the decisions of the courts:
(i) PP v Khairuddin Hj Musa [1981] CLJ (Rep) 234
(ii) Chin Wah v PP (1940) 9 MLJ 292
(iii) PP V Yeoh Teck Chye [1981] 2 MLJ 176
(iv) PP v Lawrence Tan Hui Seng [1993] 4 CLJ 221
(v) PP v Cho Sing Khoo & anor [2015] 4 MLJ 689
8.2. Discuss the difference between the offence of CMA in section 403 and CBT in section 405
of the Penal Code.
