Aims of Criminal Law

1. What are the aims of criminal law?

2. Distinguish between a criminal act, a sinful act, an immoral act and unethical conduct.

3. What is criminal law? How does it differ from the civil law?

4. Compare and discuss the following theories of punishment:

(i) Deterrence theory

(ii) Retribution theory

5. Discuss which theories of punishment should underline the punishment in the following
scenarios:

(a) Ahmad had a fight with Ah Chong. He hit Ah Chong on the head with a piece of wood. The
prosecutor informed the court that 'Ahmad should be sentenced to jail in order to pay for the serious
bodily harm he has caused'.

(b) While shopping at TESCO, Lucy (18 years old) picked a pair of earrings and dropped it into her
bag. She was apprehended as she was leaving the store without paying. She pleaded guilty. The
prosecutor wants her to be taught a lesson, so that she will not commit the same offence again.

(c) Danny has been convicted of armed robbery of a back. He had multiple convictions including
assault, assault with deadly weapon, theft and robbery, for which he was sentenced with
imprisonment for a total of 10 years. The prosecution was dissatisfied and asked for a longer period
of imprisonment.

6. Is it a crime if an eyewitness who witnessed a murder refused to cooperate with the police?

Elements of crime

1. Why is mens rea important in most crimes?

2. Criminal liability is generally based on fault. Discuss :

(a) The meaning of actus reus

(b) How failure to protect another person can result in criminal liability

3. Daud left work at 6 pm and began driving to visit his mother who was in a hospital one hour away
from his office. He fell asleep at the wheel and his car started to drift off the pavement. When the
sound of his tires leaving the roadway woke him up, he turned the wheel sharply and wound up
crossing onto the other side of the road. He struck another car. Discuss Daud's criminal liability, if any.
4. Discuss the actus reus of the parties in the following circumstances:

(a) Paul had a fight with his landlord regarding unpaid rental. He pushed his landlord down the
stairs. The landlord was seriously injured.

(b) Jane asked Sarah to babysit her infant son, Zack, for a few days. Sarah agreed and as
consideration, Jane gave her RM600.00. Sarah needed to cook for lunch. She put Zack in the cot after
feeding him. She left the bottle on the table beside the cot. Her son, Alvin (6 years old), took the bottle

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and fed Zack. Sarah rushed into the room when she heard Alvin's voice asking Zack to drink the milk.
She saw Zack turning blue and immediately took the bottle out of Zack's mouth. She rushed him to
the hospital but Zack was pronounced dead due to choking.

(c) Andy was walking his dog. He saw a group of boys bullying his schoolmate, George. Andy
decided not to get involved and walked away. An hour later, he saw an ambulance near the area where
the bullying took place. He was told that George died. He regretted his decision not to help George.

(d) Ali and Abu are 15-year old twins. Abu was watching television when he saw Ali taking a knife
and cutting himself on the wrist. Abu did not stop Ali. Ali was injured.

(e) Different terms are used to indicate the mens rea in a particular offence. With reference to
the provisions of the Penal Code and decided cases, discuss the meaning of:

(i) Intention

(ii) Knowledge

(iii) Reason to believe

(iv) Dishonestly

(v) Negligently

6. Discuss whether causation can be proven in the following circumstances:

(a) Ali and Bert were traveling in a car after attending Chloe's birthday party. Ali reminded Bert
not to speed. Bert became angry and they started fighting. Bert then shouted that he will break Ali's
neck. Ali got scared and he jumped out of the car. He fell on the road and broke his wrist. At that
moment, James, who was running from the police, grabbed Ali as his hostage. James fired a few shots
at the police. The police fired back and one of the bullet hit Ali's neck. Ali died. Discuss.

(b) Jo and Jack are on the pavement next to a busy road arguing about a debt. Jo suddenly lashes
out at Jack with his fist, breaking Jack's nose. To avoid further strikes, Jack runs into the road where
he is struck by a motorcycle. He suffers a large wound to his leg. Bleeding heavily from a severed artery
in his leg, Jack is rushed to the hospital. The doctor advised him to receive blood transfusion to save
his life. However, he refuses to have a blood transfusion due to his religious beliefs. He dies later that
day from severe blood loss. Discuss.

7. The criminal law requires a coincidence of actus reus and mens rea before an accused can be
liable for any offence. Discuss what this principle means.

8. Ah Kong overtook a car driven by Ali on the left side. As a result, Ah Kong's car grazed against
the front part of Ali's car. Ah Kong got out of his car in an angry manner and began to hurl insults at
Ali. Ah Kong then took out a steering lock from his car and walked towards Ali, hitting him on the head.
Ali passed out. Thinking that Ali was dead, Ah Kong panicked. He carried Ali into his car and later threw
Ali into the river. Ali died. The medical report states that the cause of Ali's death is drowning. Is Ah
Kong liable for Ali's death?

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Strict Liability

1. “One of the fundamental principles of criminal law, with the exception of strict liability
offences, is that an act does not constitute guilt unless done with a guilty mind." PP v Vetus Juani
[2013] 1 LNS 1233

Discuss the above statement with regards to the application of strict liability law in Malaysia by
referring to the relevant statutes and appropriate judicial decisions.

2. Janet had taken Tina, her neighbour's daughter to get some ice cream. She put Tina on the
back seat of her car and strapped a seatbelt on her. A policeman stopped Janet and discovered that
Tina was 4 years old. Janet was convicted for violating the following law: "It is an offence to transport
a child under the age of 5 unless such child is seated on a child car seat. Upon conviction, the offender
can be fined not exceeding RM1000." Janet argued that she was not aware of the law and did not
mean to violate it. Her plea was not accepted. She wanted to know why she was convicted. Advise
her.

3. Lucah, a blind man, was charged for selling "blue films" and obscene photographs. Advise
Lucah.

GENERAL DEFENCES

Infancy

1. Explain why infants cannot be charged for any criminal offence.

2. Samy and Kutu are 11 years old. They are charged with the offence of attempted theft of a
motorcycle. Evidence shows that Samy and Kutu were seen using a big cuter to cut the chain
used to lock the motorcycle. When the police called out to them, they threw the chain which
they had cut loose from the motorcycle at the police and ran. They left the cutter behind. The
police gave chase and they arrested an hour later. Discuss.

3. Jack, Joe and Jing are playing on the bridge. Jack is 10 years old while Joe and Jing are 11 years
old. They brought with them some stones. Jack was playing with the stones when Joe shouted
'throw it at the bus'. Jack then threw the stones toward an approaching bus. All of them duck
down to avoid from being seen. The front mirror of the bus cracked and the bus driver lost
control of the bus and hit the divider. Discuss the children's criminal liability, if any.

Unsoundness of Mind

1. Mona is a well known hypnotist. Jane went to see Mona for help because she has been having
problem sleeping. On Mona's advise, Jane agreed to be treated using hypnosis. Mona knew that Jane
works as a nurse in the hospital where Mona's husband was hospitalized. She wanted Jane to kill her
husband. Therefore, Mona hypnotized Jane to be obedient and to follow whatever she said when she
mentions the word 'beautiful'.

One day, Mona went to see her husband at the hospital. She called Jane to his room. When Jane
entered the room, Mona mentioned the word 'beautiful' before instructing Jane to first smother her

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husband and then leave the room. After giving the instructions, Mona left the room. Jane did as she
was told. Mona's husband suffocated to death.

The hospital later discovered that Mona's husband was murdered. CCTV recordings show that Jane
was the last person leaving the room. Jane was arrested and charged for murder. Discuss her defences
against the charge.

2. John shot Paul in the head. Paul survived the shooting and was kept alive in a coma by a life
support system for 3 weeks. His family then decided to have the doctors disconnect the life support
system, which led to Paul's death 20 minutes later. John was charged with murder.

Jane, a psychiatrist, examined John. She was of the opinion that John shot Paul because he thought
Paul was a Martian who was about to take over the earth and destroy it. A visit to John's house showed
that the whole house was sound proof and that there was no electricity because John believed that
the Martians will be able to detect him. The walls are also full of John's drawings of Martians. John
was found to have frequently described how the Martians visited him when he is asleep.

Discuss John's defence.

3. Mr G was a mechanic. He used to replace car tyres with spare tyres. One day, he had the idea
of replacing a person’s head with a spare head. So he cut off Mr Unlucky’s head in order to find out
whether the body would be searching for its missing head. How would you advise Mr G if he is charged
with murder?

Necessity

1. Andy was the captain of a cruise ship ‘Tiffany’. In the middle of the ocean, the ship developed
engine trouble and started sinking. There were 40 passengers on board. There were two lifeboats
which would carry 12 passengers each. Andy decided which 24 passengers to board the lifeboats while
the rest are asked to swim ashore. Out of the 16 passengers who swam, 8 survived and were rescued.
The rest drowned. Could Andy be convicted for the deaths of the 8 passengers?

2. Discuss the extent to which in Re A (Conjoined Twin) [2001] 2 WLR 480 represents a
development in the law on necessity.

3. As a ship captain carrying 60 passengers, Mr Gelojoh has to make a quick decision whether to
crash against a small fishing boat with 5 fishermen on it or to steer the ship against a coral-reef. He
decided to save the lives of the fishermen and hit the coral-reef. 10 passengers died as a result of the
collision. Discuss.

Duress

1. Lily borrowed RM5,000 from John and refuses to pay him back. John then threatens Lily that
he will tell Lily’s boyfriend that she is not a secretary but a prostitute and he will kill Lily’s pet cat unless
Lily steals money from her boyfriend and pays him back. Worried that John will carry out his threats,
Lily stole the money. Can she use duress as a defence?

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2. Rudy was charged with the offence of possessing a gun. According to Rudy, he was having a
cup of coffee at a kopitiam when a man suddenly came and sat beside him. He knew the man as Ah
Long whom he owes RM10,000. Ah Long told him to settle his debt immediately or he will die. When
Rudy looked down, he saw Ah Long pointing a knife towards his stomach under the table. Rudy told
Ah Long that he did not have any money. Ah Long then said that Rudy must then help him. If he refuses,
his family will be shot. Ah Long gave Rudy a gun and asked him to take the gun to his friend, Ah Kow.
If Rudy fails to pass the gun to Ah Kow, his family will die. Ah Long also told Rudy that he will be
following him. Rudy took the gun and was on his way to meet Ah Kow when he was stopped by the
police. He was arrested. Advise Rudy if he has any defence.

3. The ‘Black Dragon Gang’ is noted for its bravery. They go for pleasure rather than money. One
day, to celebrate their victory over ‘White Dragon Gang’, they caught three men and three women,
brought them to Hutan Naga and forced the men to have sexual intercourse with the women. Advise
the men.

Private Defence

1. Y likes to gamble and had suffered losses amounting to RM300,000 at Kelab Sleek. To avoid
being denied access to the club, Y borrowed money from K, an Ah Long. Y needed to pay back the
money within a month. Y believed that his luck would turn for the better after he met a monk who
had cleansed him of bad luck. Y continued to gamble but his luck did not change. He became indebted
not only to K but also to the Club. K sent A and B to threaten Y to pay. A and B broke into Y’s house
and damaged the furniture in the house. These actions angered Y, who took a knife and stabbed A. A
Died. Discuss the defence that Y could raise if he was charged for murdering A.

2. Discuss the argument that justifiable use of force in self-defence depends entirely upon the
circumstances in which it is used.

3. In a protest against the government, a large group of protesters started to set fire on property,
going from door to door at Jalan Silang. If Mr X who lives on the 1 st floor was to shoot and kill the
protesters, can he plead self-defence?

Consent

1. Ning (12 years old) went to a tattoo parlour to get a tattoo on the back of her shoulder. The
tattooing will be done by Nina, a specialist, using a special ink which will glow in the dark. After Ning
had tattooed Ning’s shoulder, she was sent home. Ning suffered high fever and was rushed to the
hospital. Her face became swollen and blisters appeared on her body. The doctor found that her blood
was contaminated with bacteria due to the ink. She was given antibiotic and was hospitalized for a
month. Discuss Nina’s defence, if any.

2. Amos is a devout Christian. He believes that all his sins will be forgiven if he is crucified, just
as what Jesus went through. He also believes that it was his destiny to be crucified. He therefore asked
Bally to nail him to a wooden cross and pierce his hands with 6-inch nails. He was in terrible pain but
persevered. He became very weak due to loss of blood. Bally panicked and called for help. Discuss
Bally’s defence, if any.

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Mistake of Fact

1. Abu and Ahmad went into the jungle to shoot wild deer using unlicensed guns. When they
arrived at the jungle, they took their positions. Shortly afterwards, Ahmad heard a rustle. Believing it
to be a deer, he fired in that direction. However, the shot hit Abu and caused his death. Can Ahmad
raise any defence to a charge of murder?

2. Muthu was charged under s. 302 of the Penal Code for causing the death of Pam, Lim’s 7-year
old daughter. The facts of the case showed that Muthu, Abu and Lim are residents of Kampung Seri.
Their village was recently shocked with the incident of destructions of crops by several wild boars.

On the day of the incident, at around 6.30pm, Muthu and Aby went to Lim’s house. At Lim’s house,
they discussed the loss of their crops. While talking in front of Lim’s house, Muthu saw a movement
in Lim’s vegetable farm located approximately 40 meters from where they sat. Muthu told Lim, “I saw
something which looks like a wild boar in your farm, Lim.” Lim and Abu agreed. Muthu rushed to his
house to get his rifle and returned to Lim’s house.

Muthu asked Lim and Abu, “Should I shoot the wild boar?” Lim and Abu said “Yes”. Muthu fired a shot
at the object. When they came closer to inspect, they saw not a wild boar, but Pam, Lim’s daughter.
Advise Muthu if he could be acquitted from the murder charge.

Intoxication

1. “Case law has established firmly that the burden to be discharged by the accused under
Section 85 to bring the defence of intoxication within the exception is on the balance of probabilities.”
Asri Beddu v PP [2012] 1 LNS 807

Based on the above case, discuss the key elements of the defence of intoxication. Reference must be
made to the provisions in the Penal Code and decided cases.

2. Ahmad is an IP specialist. Lately, his workload is getting heavier which stresses him out. He
takes 6 cups of coffee every day to energize him to perform his job. At the same time, he was also
taking pills to lose weight. This has been going on for 3 weeks.

One day, Ahmad stopped at Starbucks to get his coffee before going to office. He drank 5 cups there
and bought 1 more to drink in the office. Ahmad found that his body was perspiring, his heart was
beating fast, his head hurts and that he was anxious. In the office, he saw Nong, the office cleaner,
cleaning his desk. After that, he did not remember what had happened. When he woke up, he realized
he was on the floor. Nong lay beside him not moving and covered in blood. In his hands, there was a
bloodied pair of scissors.

Ahmad was charged for causing Ning’s death. Aizat, his counsel is opting to raise intoxication as a
defence. Dr Henry had examined Ahmad and found that Ahmad suffered ‘caffeine intoxication’ by
overdosing on caffeine caused by drinking 5 cups of coffee on the day of the incident. This situation
will be exacerbated if that person is also taking any slimming pills. Dr Henry was of the opinion that
the combination of caffeine and slimming pills had caused Ahmad to suffer a brief psychosis, which
caused him not to know what had happened. ‘Caffeine intoxication’ has been recognised as a disease
by the American Psychiatric Association.

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Will Aizat succeed in using intoxication as a defence?

3. Longkang was in a bar and was very drunk. He was talking nonsense and was almost at the
point of passing out. Suddenly he picked up a bottle and threw it at a mirror which was reflecting his
image. The bottle hit Mr Big, the bartender, who was standing beside the mirror. Due to the injury
caused by the bottle, Mr Big is permanently blind in one eye.

Discuss Longkang’s criminal liability.

Participation

1. Sally, Rose and Daisy agreed to steal some money from Samy’s store. They also agreed that
they will not harm anyone and no weapons will be used. Daisy, however, brought her small pistol
without informing both Sally and Rose. Sally entered the store and got Samy’s attention by asking him
questions. Then Rose entered the store and walked towards the cash register while Daisy acted as a
look out near the store entrance. Samy noticed Rose reaching into the drawer of the cash register. He
yelled loudly and rushed towards Rose. Daisy panicked, pulled out her pistol and shot Samy in his
shoulder. The three of them then quickly left the store. Explain Sally, Rose and Daisy’s criminal liability.

2. Tong is a secretary of TP Association, a non-governmental body. Ting, Tan and Gopal are the
directors of TP Association. Tong was instructed by the directors to notify all its members to attend
an assembly at the Merdeka Square to protest the increase in the price of cooking oil, flour and petrol.
During the assembly, all the directors gave speeches and provoked the feeling of anger and
dissatisfaction among the members who were present against the government. After the speeches, a
group of TP Association members caused a riot and damaged the buildings around the Merdeka
Square. A few members ran on the road shouting and throwing stones at the public, injuring 5 people.

As the DPP, you are required to list the criminal liabilities of Tong, Ting, Tan, Gopal and the TP
Association Members.

Attempt

1. Andy who lives on the 10th floor of a condominium, saw his former girlfriend, Jenny, walking
past his building on ground floor. He picked up a large pot of plant and dropped it from his balcony.
The pot missed Jenny. Jenny was so shocked when she realized what almost happened. She did not
see the drain in front of her and fell into it. She was severely injured. Is Andy liable for Jenny’s injury?

2. Abu needed some money. He decided to break into Ahmad’s house. He went to the house in
the middle of the night and jumped over the fence. He pried open the kitchen door to enter the house.
Once he entered, he saw a nice watch on the shelf. He was about to take the watch when he heard
an eerie sound. He was scared and immediately left the house. On the way out, he was arrested by
the police. He was charged for attempted theft. Can he be convicted?

3. The DPP decided to prosecute Awi with attempted theft. The facts of the case presented by
the police to the prosecutor are as follows:

The police received a telephone call from the manager of Sayang Supermarket at 12 pm. According to
the manager, there was a man acting suspiciously in the supermarket. When the police arrived at the

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supermarket, they followed the man back to his house. There, they found a sketch of the
supermarket’s floor layout, identifying in particular, the cashier’s location, the office and also the
supermarket’s store. The police also found a face mask in the house.

Advise the DPP whether there is sufficient evidence to convict Awi with attempted theft.

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