Law on arrest is complex and technical and many may not understand when he is under arrest and when under arrest, what should he do next and also what the arresting officer should do during and after arrest made. It is an area of law where liberty and live of persons are fundamental and are protected under Article 5(1) of the Federal Constitution and also under relevant laws. When stopped by a police officer in a public place or while driving and you are at that moment prevented to go anywhere, the first question that you need to ask is “Am I under arrest?” A police officer has no power simply to stop and detain a person simply just to ask a question. If an officer detains a person who walks away after refusing to answer questions then it is likely this will amount to false imprisonment if the detention is based on nothing more than this – Samuels v. Commissioner of Police of the Metropolis (1999) 3 March, unreported. You may not be aware that at that moment you were already been put under arrest by the police officer arresting you. If doubtful, the best thing is to ask […] read more

Human Rights And Presumptions As An Aid In Criminal Prosecutions

Human Rights And Presumptions As An Aid In Criminal Prosecutions Human rights are commonly understood as an inalienable fundamental right to which a person is inherently entitled because he or she is a human being. The concept of human right has universal application and human rights come with them natural rights or as a legal right in both, but, what is meant by “right” has always been controversial and subject to debate. Such “right” includes the right not to be tortured, the right to remain silent, the right to a fair trial, the right to own property, the right to an adequate standard of living and the right of equal protection and equal treatment and equality before the law. The concept of human rights also came with it the right to be presumed innocence until proven guilty, by a court of competent jurisdiction to try the case. Such a right of being presumed innocence is also a legal right under the law. In a trial the prosecution has the legal duty and burden to prove the case against the accused person and the standard of proof is proof beyond reasonable doubt. When charged in court, as said earlier, human rights demand that all accused persons should be given equal protection […] read more

Death Penalty under the Dangerous Drugs Act 1952

In most countries, drugs offences are not considered as sufficiently serious to warrant the imposition of the death penalty. However, in this country, drug trafficking carries the only sentence available under the law, that is, the mandatory death penalty. It gives not room for judges to apply any discretion in the case. The difficulty in defending drugs trafficking cases is caused by a number of crushing presumptions found in section 37 of the Act. For example, a person in the care or management of a premise shall be deemed to be the occupier of the premise and when dangerous drugs exceeding a certain minimum amount are found in the said premise, the occupier found in the premise shall be presumed to be trafficking in dangerous drugs. In drugs trafficking cases, the big players involved in the supply chain most often than not were unknown and not caught, but, those peddling with the drugs in the streets usually got caught. Many were innocent carriers but were sentenced to death with the help of the presumptions clauses in the Act. In drugs cases, one should not discount that there could be people being wrongly convicted caused by undetected lies of testimonies of […] read more

Death Penalty and Inherent Right To Life

A defence lawyer who was worn out of a lengthy trial involving a drugs case who looked sad and angry recently said, “Who pays the ultimate penalty for crimes? The poor! Who gets the death penalty? The poor and it is the poor who is selected to die in this country! Why do the poor people get the death penalty? It is simple because unlike the rich fellows, the poor has no money to afford good lawyers and the poor could not pay experts to help them! Capital punishment means without capital, you get death penalty! And lawyers who are not paid adequately in defending the poor has no alternative, but, to close his shop and leave the legal profession!” Life of a person is given by God and many would say that no one should take a person’s life away except by God, but, there are people who believe that there’s nothing wrong to take away a person’s life if he has committed a heinous crime or crime against humanity. Many countries now have abolished the death penalty as a punishment because to take away a person’s life is cruel, inhumane and inherent immoral and reflects an uncivilized society. […] read more

Is it alright to have Sale and Purchase Agreement reflecting higher purchase price to get higher loan?

“No-Money-Down” Strategy To Buy Property If you read property investment books, you definitely will come across a strategy known as “No-Money-Down” strategy. In other words, it means you don’t have to pay a single cent to purchase your property. Wait a minute, did I just say “you can purchase a property without paying any advancement or deposit?” This is true considering our government has a scheme known as “My First Home Scheme” to assist young adults in purchasing their first property, by allowing them to get 100% financing from Financial Institution. But what about another strategy where you have the Sale and Purchase Agreement reflecting higher purchase price to enable you to get higher bank loan? Let’s say, you need a 10% deposit for a house priced RM400, 000. You negotiate with the Seller to have the Sale and Purchase Agreement to reflect RM440, 000 as the selling price. Now, you can purchase your property without any money down because the 10% deposit in the sum of RM 40,000 came from the bank for a RM 400,000 property! This is exactly what happened today where we have friend, who came to our office and asked us whether it’s viable to […] read more

Want to Evade Stamp Duties And Pay Lesser Fees to Lawyers in Purchase of Property?

A purchaser came during lunch time and had inquired from me how to evade stamp duties payable on purchase of a landed property and of  course he also wanted cheaper legal fees be paid in the purchase of the property. To him, paying lower stamp duties comes with it also lower legal fees in property transactions. “Wow! It’s a good idea!” I told him. I also told him, “Now, you also want free lunch?” He smiled and to his delight, I offered him some sweets but, no free lunch! He was happy before we started our conversations further. It seems that any small thing which is a benefit or a gain to him, however small, seems good thing to him. We can’t blame him because human nature teaches him to take advantage of opportunities that come along his way. I then asked him, what will happen if the government has no money to run the country? Will there be development for us? If you are running the government what should you do? He just kept quiet and listened to me. I also asked him if he is a lawyer dealing with property transactions, what should he do when his clients insist paying […] read more