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Showing posts from December, 2010

DEFENSIVE MODE

Salam,
It's not great to be on the defensive side as compared to the offensive side. Take debate as an example. However amusing the tone and the way a debate is held (its all scripted and sound like Indonesian), surely its way better to be on the "pembangkang" side rather than the boring "pencadang" side.
The same goes to football matches. Its great to watch an ultra attacking team like Newcastle, Barca, Spurs etc winning matches 4-3 or 6-0 rather than watching effective but defensive minded teams like Liverpool, Inter Milan, Malaysia (recently) nicking it with a 1-0 win.
As proceedings in court especially criminal courts are treated and viewed as a battle too, thus being on the attack or otherwise is certainly part of the game. After all, at the end of a trial, at least a party is deemed to be on the losing side. I believe this is a wrong perception of the criminal justice system as I view the justice is always going to win; whether the end result is a convict…

RINGKASAN HUJAHAN KES JALANAN

1)Pembukaana)Beban pendakwaan-kes prima facie; ‘credible evidence proving each ingredient of the offence which unrebutted or unexplained would warrant a conviction’. Cara menentukan keterangan credible itu telah diputuskan di dalam kes Balachandran v Public Prosecutor [2005] 1 CLJ 85. b)Elemen pertuduhan- makna robbery di bawah Seksyen 390 (KK). c)Definisi gang robbery di bawah Seksyen 391 KK;“When two or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to two or more, every person so committing, attempting, or aiding, is said to commit "gang-robbery".”d)Pendakwaan perlu buktikan samada OKT commit, attempt atau aid perbuatan samun yang didakwa.e)Adalah menjadi asas dalam kes jenayah perlunya elemen actus reus dan mens rea; actus non facit reum nisi mens sit rea (an act does not make a person legally g…