If a person is found guilty of a crime, the judge has the discretion to impose a sentence or a punishment based on what is allowed in a statute, such as the Penal Code. Today, we will explore some of the punishments or sentences that a judge could pass in sentencing a person or offender…
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What is self-defense? Self-defense (or in legal terms, private defense) is an act whereby one uses reasonable force to protect himself or the people around him from being attacked or harmed by another person. It is a defense that one can raise if they accidentally cause harm or kill another while exercising self-defense. Under what…
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To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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Being a minority shareholder in a company is not a walk in the park. To give some context: Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders; They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
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A and B fought out a dispute in a foreign court. At the end of it, one party won, while the other is left to sulk in a corner. Can the party who is sulking relitigate the matter locally? Let us find out by briefly looking at the recent High Court (Sibu) case of Wong…
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If a person is discharged by the court for a crime they allegedly committed, does that mean that the person is innocent? Can the prosecution recharge him? In short, no, a person is not automatically innocent, and yes, he can be recharge for the crime he allegedly committed. Below is a snippet on this issue.…
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Are contempt proceedings separate and distinct proceedings from the main proceedings? For example, does it mean that if a person is charged in a criminal court (in the main proceedings), any conduct which gives rise to a contempt of court automatically becomes a criminal contempt? This issue was briefly dealt with in the Court of…
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Generally, and depending on the circumstances, a person who is accused of committing a crime (also known as “the accused”) can be released on bail pending the hearing of their case. However, if the accused is released on bail, how can the court ensure that they show up in court on the day of trial?…
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What is expert evidence These are evidence given by individuals who professed to be an expert in a particular field in relation to matters or knowledge that the court is lacking when they are determining a case. In could include areas of expertise such as medical science, cyber-security issues, foreign laws, etc. Why is there…
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When you are arrested by a police officer, you are normally accorded a myriad of legal rights in this country. Amongst them is the right to remain silent. However, and as we will find out soon enough, this right can potentially be a double-edged sword. What is it about? The right to remain silent is…
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