Friday, June 15, 2012

A test to prove whether you're interested in law.


Think only is not convincing enough, you have to be sure and take a test to prove it right !

Test? is it available?

Of course it is !


NEHHH HERE !! Keep Reading... you're taking a test...

Let's discuss Road Transport Act 1987 :

''A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and shall on conviction be punished with a fine of not less than four thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months.''

The situation: Your client asked for your help as he is charged under this offence. He has decided to plead guilty in the court.
What can you do ? Convince the judge to give nominal punishment or in other better word, you will ask for mitigation on behalf of the accused.

How? Convince the judge to pass the judgment with these choices:

1) Discharging the accused under Section 173A Criminal Procedure Code or ;
2) Convicting the accused under Section 294 Criminal Procedure Code or ;
3) Convicting the accused with the minimum fine which is RM 4,000.00.

hallo bear in mind you're taking a test.......

Your job now is to understand the above-said choices.

1) Section 173A CPC

(2) When any person is charged before the court with an offence punishable by such court. and the court finds that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment or that it is expedient to release the offender on probation, the court may, without preceding to record a conviction, make an order either-

(a) dismissing the charge or complaint after an admonition or a caution to the offender as the court seems fit; or
(b) discharging the offender conditionally on his entering into a good bond with or without sureties, to be good behaviour and to appear for the conviction to be recorded and for sentence when called upon at any time during such period, not exceeding three years, as may be specified in the order.

2) Section 294 CPC

(1) When any person not being a youthful offender has been convicted of any offence punishable with imprisonment before any court if it appears to the Court that regard being had to the character, antecedents, age, health or mental condition of the offender or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed it is expedient that the offender be released on probation of good conduct, the court may instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties and during such period as the court may direct to appear and receive judgment if and when called upon and in the meantime to keep the peace and be of good behaviour.

3) minimum fine

According to the definition, the minimum fine is four thousand.

Your client's side of story:

The deceased (victim) was aged 70, was the pedestrian who crossed the road suddenly when your client was driving on his rightful land. Your client knocked into him and he deceased on the spot.
Your client is 60 years old, has never involved in any major accidents, retired and has no income.

Now, are the three of the choices above are applicable in this case? If so, why? Think.

Your result of the test!!!MUST READ.

If you're thinking then it proves that you're interested in law some how;
if you don't even bother to read the whole thing and skip here and there, you're not qualified to study law;
if you diligently take out your dictionary, oh god, i love you, please be my coursemate;
if it makes you feel sleepy, go take a nap and choose another course to study;
if you're able to FULLY understand the whole thing without having to re-read, god you're a genius in this field.

You can drop a comment to know MY REASONS.


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