BCLM022 Criminal Procedure & Law of Evidence

It is 20 August 2015. 35 year old Johnson Nonsense (JN) has just committed his 20^th house breaking offence for the month. Unknown to him, the last “assignment” captured him on CCTV camera.

20 August 2015 at 9.00am, JN was arrested. Sgt. Blur Sotong was the Investigating Officer. In the car, JN was handcuffed and kept mostly silent.  Upon arrival at the station at 0950 hours, JN was placed in the lock-up without being informed of the grounds of his arrest.  Sgt Blur Sotong was then called away to attend a seminar at the Home Team Academy. For the rest of the day no other officer attended to JN.

The next day at 11am, Sgt Blur Sotong returned to the station. At 1200pm he went to interview JN in the lock-up. After recording a statement from JN, Sgt Blur Sotong received a call from his mistress, a superior female officer in the same police station, who wanted to have his undivided attention and threatened to leave him if he did not spend time.  Sgt then left the station. JN’s request to talk his lawyer was denied.

 

JN was charged in the District Court on 22 August 2015 at 8.30 am and remanded for a week for further investigation.

 

1) For how long can JN be detained without a court order?

 

2) Was the detention lawful?

3) Does JN have a right to consult his lawyer as requested?

 

JN is charged with 5 counts of lurking house-breaking in order to commit theft punishable under Section 454,Penal Code.

4) Can he be tried for all the charges at the same time?

 

After hearing arguments from both the Prosecution and the defence,the trial judge refuses to offer bail.

5) Is it a legal order?

 

 

JN feels the prosecution does not have sufficient evidence to secure a conviction. The CCTV footage is not clear and the only evidence is his written statement to the Sgt Blur Sotong confessing to the offences.He wishes to challenge the admissibility of the statement

6) Advise him on whether his statement is admissible as evidence and what the effect is in the event the statement is admitted as evidence.

 

At the trial, the prosecution witness, Clueless, gives evidence on the following, “I was told by my friend, Kay Poh , that JN has a gambling addict and he needs to commit crime on a regular basis to sustain his addiction. “

7) Can the defence object to the testimony of Clueless?

 

The trial is now at the stage where the prosecution’s case has just ended.

8) At this stage of the trial, explain the burden and standard of proof for the Court to decide whether or not to call on JN to enter in his defence.

 

At the end of the trial, JN is found guilty of all 5 charges and is convicted and sentenced as follows:

Charge No. 1: 5 year’s imprisonment and 3 strokes of the cane

Charge No. 2: 10 years’ imprisonment and 3 strokes of the cane

Charge No. 3: 5 years’ imprisonment and 3 strokes of the cane

Charge No.4:  5 years’ imprisonment and 3 strokes of the cane

Charge No.5:  7 years’ imprisonment and 3 strokes of the cane

9) What is the maximum and minimum total jail term that JN will serve?  Explain your answer with reasons.

 

 

JN is given the maximum aggregate imprisonment term and 15 strokes of the cane. He is unhappy with the decision and wishes to appeal.

10) What will be the grounds of his appeal?

 

Assuming the caning is not in issue, the Judge also orders for the caning to be executed within 7 days from the day of conviction.

11) Is this order legal?

 

In the meantime, JN’s son, Hum Sup Kwai is arrested for an offence punishable under Section 354(1) Penal Code. He is 24 years old. Police investigations reveal that the victim is his domestic helper and is willing to have the matter resolved amicably without Hum Sup Kwai being convicted.

12) Advise Hum Sup Kwai.

 

13) In each of the questions below, identify the court which has jurisdiction to try the offence without any application or authorization from the Public Prosecutor:

 

a. David forces himself on Victoria and penetrates her vagina even though she continually says “no”. David is charged for rape under Section 375(2) Penal Code.

 

b. Rahmat has consensual sexual intercourse with Aini, a girl of 15 years of age, an offence punishable under Section 376(A)(2),Penal Code.

 

c. At 6.30am, Left and Right enter King’s house through an open window and stole one of King’s valuable paintings. They have both committed an offence under Section 457, Penal Code.