Hearsay evidence refers to statements made out of court that are offered in court as evidence to prove the truth of what was stated. Hearsay evidence is generally inadmissible as evidence because it is not direct evidence and the person who made the original statement cannot be cross-examined. However, hearsay may be allowed if it is not being used to prove the truth of the matter asserted, but rather to show that something was said. The document discusses the definition of hearsay evidence, reasons why it is generally excluded, and examples of cases where hearsay evidence was either admitted or excluded from trials.
Criminal Law II - General Defences (Part 2)intnmsrh
The document summarizes general defences in criminal law, including consent, duress, and private defence.
Consent is not a defence if given under fear, misconception, unsoundness of mind, or by a minor. Duress is a defence for threats of instant death that reasonably cause apprehension, but not if the accused voluntarily exposed themselves to threats.
Private defence must be used to avert an impending danger, commences with reasonable apprehension of harm, and ends when the apprehension stops. More harm than necessary cannot be inflicted, and recourse to authorities must be attempted if possible.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
Group 3 presented on the law of rape in Malaysia. Key points included:
1. Rape is a sexual offence involving unlawful sexual gratification without consent.
2. Consent must be freely given and not obtained through force, threats, misconception or when the victim is incapable.
3. Punishment is enhanced if rape is committed with circumstances like causing harm or in the presence of others.
4. Consent is invalid if obtained through fear, misconception of facts, belief of marriage, lack of understanding of the act, or abuse of authority.
5. Sexual intercourse with a person under 16 is considered rape regardless of consent.
This document discusses the law around private defence in criminal cases under Indian law. It makes several key points:
1) Private defence is a defensive right that can only be claimed when circumstances clearly justify it for self-defence purposes, not as an excuse for aggressive or retributive acts.
2) There is no right of private defence against acts of public servants acting in good faith while discharging their legal duties.
3) The right of private defence commences when there is a reasonable apprehension of danger to oneself or another and lasts only as long as the threat remains. It must not involve more force than necessary to defend.
4) Private defence can legally extend to causing death in self
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
Hearsay evidence refers to statements made out of court that are offered in court as evidence to prove the truth of what was stated. Hearsay evidence is generally inadmissible as evidence because it is not direct evidence and the person who made the original statement cannot be cross-examined. However, hearsay may be allowed if it is not being used to prove the truth of the matter asserted, but rather to show that something was said. The document discusses the definition of hearsay evidence, reasons why it is generally excluded, and examples of cases where hearsay evidence was either admitted or excluded from trials.
Criminal Law II - General Defences (Part 2)intnmsrh
The document summarizes general defences in criminal law, including consent, duress, and private defence.
Consent is not a defence if given under fear, misconception, unsoundness of mind, or by a minor. Duress is a defence for threats of instant death that reasonably cause apprehension, but not if the accused voluntarily exposed themselves to threats.
Private defence must be used to avert an impending danger, commences with reasonable apprehension of harm, and ends when the apprehension stops. More harm than necessary cannot be inflicted, and recourse to authorities must be attempted if possible.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
Group 3 presented on the law of rape in Malaysia. Key points included:
1. Rape is a sexual offence involving unlawful sexual gratification without consent.
2. Consent must be freely given and not obtained through force, threats, misconception or when the victim is incapable.
3. Punishment is enhanced if rape is committed with circumstances like causing harm or in the presence of others.
4. Consent is invalid if obtained through fear, misconception of facts, belief of marriage, lack of understanding of the act, or abuse of authority.
5. Sexual intercourse with a person under 16 is considered rape regardless of consent.
This document discusses the law around private defence in criminal cases under Indian law. It makes several key points:
1) Private defence is a defensive right that can only be claimed when circumstances clearly justify it for self-defence purposes, not as an excuse for aggressive or retributive acts.
2) There is no right of private defence against acts of public servants acting in good faith while discharging their legal duties.
3) The right of private defence commences when there is a reasonable apprehension of danger to oneself or another and lasts only as long as the threat remains. It must not involve more force than necessary to defend.
4) Private defence can legally extend to causing death in self
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
Law of Tort : Psychiatric Illness in MalaysiaMuhd Naufal
This document summarizes the legal history and development of psychiatric injury cases in both common law and Malaysian jurisdictions. It discusses early English cases that established liability for emotional harm without physical injury. It also analyzes the distinction between primary and secondary victims, with primary victims more likely to establish a duty of care for pure psychiatric damage. The document examines key Malaysian cases and the requirements for secondary victims, like witnesses, to prove psychiatric injury claims.
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
1. Jual janji is a traditional Malay practice where land is transferred to a lender as security for a loan, with the understanding that it will be returned to the borrower upon repayment.
2. Malaysian courts initially treated jual janji strictly as a sale, ignoring evidence it was intended as security. However, exceptions developed where time was not of the essence or the lender evaded repayment.
3. Recent cases and the National Land Code have recognized jual janji can operate as an equitable security transaction, balancing title rights with contractual obligations.
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUMASMAH CHE WAN
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Review of syariah court decisions by the high courtNoor Atikah
The document summarizes two court cases regarding the jurisdiction of civil and syariah courts in Malaysia to determine matters relating to a person's religion.
In the first case, the High Court held that under the Federal Constitution, civil courts cannot interfere with or set aside orders from Syariah courts, as their jurisdictions are separate.
The second case involved competing claims over the body of a deceased man from his Hindu wife and the Majlis Agama Islam. The Syariah Court had ordered the body be buried according to Islamic rites, but the High Court dismissed the wife's attempt to nullify his conversion to Islam, holding that it had no jurisdiction to review Syariah Court decisions or determine matters of Islamic
Sunn Ang the accused was charged and convicted for the murder of his girl friend Jenny. A Singapore case related to the law of evidence. Circumstantial evidence, Relevancy, Continuity.
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
This document summarizes the different modes of originating process in the Malaysian High Court under the Rules of Court 2012, including writs of summons and originating summonses. It outlines when each process is appropriate based on whether substantial disputes of fact are likely to arise. It also discusses cases that demonstrate when certain claims must be commenced by writ, can be determined summarily by originating summons, or are inappropriate for a given mode of process. The document concludes by examining the effects of using the wrong originating process and circumstances where proceedings will continue instead of being set aside.
The document discusses the procedures for entering an appearance and obtaining a judgment in default of appearance (JIDA) under Malaysian civil procedure rules.
It explains that once served with a writ, the defendant must enter an appearance within a specified time limit, usually 14 days. Failure to do so allows the plaintiff to obtain a JIDA. A JIDA can be final, for liquidated sums, or interlocutory, requiring damages to be assessed.
The defendant can apply to set aside a JIDA within 30 days. For irregular judgments obtained not in compliance with rules, the JIDA can be set aside as of right. For regular judgments, the defendant must show they have a defense on the merits by disclosing evidence
This document summarizes a discussion on constitutional law and human rights in Malaysia. It discusses how certain fundamental rights like the right to be informed of arrest grounds and the right to be produced before a magistrate have sometimes been denied to detainees due to legal provisions that override these rights or imperfect law implementation. It then explains the powers granted under Article 149 of the Malaysian constitution to pass laws that can limit fundamental rights in order to combat threats like subversion, even without a state of emergency. Key cases related to judicial review of such laws and the Internal Security Act are analyzed.
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document provides an overview of divorce law in Malaysia, including:
1. The jurisdiction of courts to hear divorce petitions and the requirements under Section 48(1) of the Law Reform (Marriage and Divorce) Act 1976.
2. The ways to obtain a divorce, including presumption of death, divorce by conversion, mutual consent, and breakdown of marriage on grounds such as adultery, behavior, desertion, or living apart.
3. Exceptions to the two-year waiting period before filing for divorce, such as in cases of exceptional hardship or depravity or if one party converts to Islam.
Gatal went to Seksi's apartment pretending to be an officer and took out a knife, instructing her to remove her clothes. Seksi begged him to leave but was too afraid to resist physically. They had intercourse. Gatal can likely be charged with rape because the sexual act occurred without Seksi's consent, as she submitted out of fear for her safety due to Gatal's threatening behavior and weapon. Under Malaysian law, consent obtained through fear or threat constitutes rape.
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document outlines the key elements of a valid contract to marry under Malaysian law, including definitions, requirements, breach and consequences. It discusses the requirements of offer, acceptance, consideration and capacity. Capacity requires that parties be single and of age. Breach can occur through failure to marry within a reasonable time or through anticipatory breach. Defences include misrepresentation, lack of a duty of full disclosure, and proof of moral/physical infirmity. Consequences of breach include general and special damages awards.
Criminal force requires the intentional or knowing application of force without consent, with the aim of causing an ulterior object. Case law establishes that threatening to harm someone if they advance constitutes criminal force, as does deliberately reversing a vehicle into another. Merely raising a stick threateningly enough to cause someone to flee also meets the standard. Attempting to undress someone against their will equally qualifies as criminal force used to outrage modesty. Words alone do not necessarily constitute criminal force if their meaning is too vague.
Relevancy of evidence under Section 6 of Evidence Act 1950Intan Muhammad
1) Section 6 of the Evidence Act 1957 incorporates the common law doctrine of res gestae. It allows facts that form part of the same transaction to be admitted as evidence, even if they occurred at different times and places.
2) For a fact to be considered part of the same transaction under Section 6, there must be (i) proximity of time, (ii) unity/proximity of place, and (iii) continuity of action/purpose. The time gap can be expanded to accept facts occurring over several days or months as long as these criteria are met.
3) Both acts and statements can be considered res gestae and admitted under Section 6. Statements of those present like bystanders
This document summarizes the rights of an arrested person under Article 5(3) and (4) of the Malaysian constitution. It discusses the three main rights: 1) the right to be informed of the grounds for arrest, 2) the right to consult a legal practitioner, and 3) the right to be defended by a legal practitioner of one's choice. It examines Malaysian case law that has interpreted and established limitations on these rights, such as allowing a reasonable delay before access to a lawyer to avoid interfering with police investigations. The document also discusses exceptions to these rights for enemy aliens under certain security laws.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Rape is defined under Section 375 of the Penal Code. It involves sexual intercourse by a man with a woman without her consent. Consent is invalid if obtained through fear, fraud, or abuse of authority. Rape can occur between spouses. Punishments for rape are outlined in Section 376 and vary based on aggravating factors. Consent is not a valid defense if the victim is under 16 years of age. The document discusses the legal definitions and interpretations of key terms like sexual intercourse and consent. It also explores exceptions, punishments, and outstanding legal questions around rape.
Law of Tort : Psychiatric Illness in MalaysiaMuhd Naufal
This document summarizes the legal history and development of psychiatric injury cases in both common law and Malaysian jurisdictions. It discusses early English cases that established liability for emotional harm without physical injury. It also analyzes the distinction between primary and secondary victims, with primary victims more likely to establish a duty of care for pure psychiatric damage. The document examines key Malaysian cases and the requirements for secondary victims, like witnesses, to prove psychiatric injury claims.
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
1. Jual janji is a traditional Malay practice where land is transferred to a lender as security for a loan, with the understanding that it will be returned to the borrower upon repayment.
2. Malaysian courts initially treated jual janji strictly as a sale, ignoring evidence it was intended as security. However, exceptions developed where time was not of the essence or the lender evaded repayment.
3. Recent cases and the National Land Code have recognized jual janji can operate as an equitable security transaction, balancing title rights with contractual obligations.
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUMASMAH CHE WAN
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Review of syariah court decisions by the high courtNoor Atikah
The document summarizes two court cases regarding the jurisdiction of civil and syariah courts in Malaysia to determine matters relating to a person's religion.
In the first case, the High Court held that under the Federal Constitution, civil courts cannot interfere with or set aside orders from Syariah courts, as their jurisdictions are separate.
The second case involved competing claims over the body of a deceased man from his Hindu wife and the Majlis Agama Islam. The Syariah Court had ordered the body be buried according to Islamic rites, but the High Court dismissed the wife's attempt to nullify his conversion to Islam, holding that it had no jurisdiction to review Syariah Court decisions or determine matters of Islamic
Sunn Ang the accused was charged and convicted for the murder of his girl friend Jenny. A Singapore case related to the law of evidence. Circumstantial evidence, Relevancy, Continuity.
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
This document summarizes the different modes of originating process in the Malaysian High Court under the Rules of Court 2012, including writs of summons and originating summonses. It outlines when each process is appropriate based on whether substantial disputes of fact are likely to arise. It also discusses cases that demonstrate when certain claims must be commenced by writ, can be determined summarily by originating summons, or are inappropriate for a given mode of process. The document concludes by examining the effects of using the wrong originating process and circumstances where proceedings will continue instead of being set aside.
The document discusses the procedures for entering an appearance and obtaining a judgment in default of appearance (JIDA) under Malaysian civil procedure rules.
It explains that once served with a writ, the defendant must enter an appearance within a specified time limit, usually 14 days. Failure to do so allows the plaintiff to obtain a JIDA. A JIDA can be final, for liquidated sums, or interlocutory, requiring damages to be assessed.
The defendant can apply to set aside a JIDA within 30 days. For irregular judgments obtained not in compliance with rules, the JIDA can be set aside as of right. For regular judgments, the defendant must show they have a defense on the merits by disclosing evidence
This document summarizes a discussion on constitutional law and human rights in Malaysia. It discusses how certain fundamental rights like the right to be informed of arrest grounds and the right to be produced before a magistrate have sometimes been denied to detainees due to legal provisions that override these rights or imperfect law implementation. It then explains the powers granted under Article 149 of the Malaysian constitution to pass laws that can limit fundamental rights in order to combat threats like subversion, even without a state of emergency. Key cases related to judicial review of such laws and the Internal Security Act are analyzed.
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document provides an overview of divorce law in Malaysia, including:
1. The jurisdiction of courts to hear divorce petitions and the requirements under Section 48(1) of the Law Reform (Marriage and Divorce) Act 1976.
2. The ways to obtain a divorce, including presumption of death, divorce by conversion, mutual consent, and breakdown of marriage on grounds such as adultery, behavior, desertion, or living apart.
3. Exceptions to the two-year waiting period before filing for divorce, such as in cases of exceptional hardship or depravity or if one party converts to Islam.
Gatal went to Seksi's apartment pretending to be an officer and took out a knife, instructing her to remove her clothes. Seksi begged him to leave but was too afraid to resist physically. They had intercourse. Gatal can likely be charged with rape because the sexual act occurred without Seksi's consent, as she submitted out of fear for her safety due to Gatal's threatening behavior and weapon. Under Malaysian law, consent obtained through fear or threat constitutes rape.
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document outlines the key elements of a valid contract to marry under Malaysian law, including definitions, requirements, breach and consequences. It discusses the requirements of offer, acceptance, consideration and capacity. Capacity requires that parties be single and of age. Breach can occur through failure to marry within a reasonable time or through anticipatory breach. Defences include misrepresentation, lack of a duty of full disclosure, and proof of moral/physical infirmity. Consequences of breach include general and special damages awards.
Criminal force requires the intentional or knowing application of force without consent, with the aim of causing an ulterior object. Case law establishes that threatening to harm someone if they advance constitutes criminal force, as does deliberately reversing a vehicle into another. Merely raising a stick threateningly enough to cause someone to flee also meets the standard. Attempting to undress someone against their will equally qualifies as criminal force used to outrage modesty. Words alone do not necessarily constitute criminal force if their meaning is too vague.
Relevancy of evidence under Section 6 of Evidence Act 1950Intan Muhammad
1) Section 6 of the Evidence Act 1957 incorporates the common law doctrine of res gestae. It allows facts that form part of the same transaction to be admitted as evidence, even if they occurred at different times and places.
2) For a fact to be considered part of the same transaction under Section 6, there must be (i) proximity of time, (ii) unity/proximity of place, and (iii) continuity of action/purpose. The time gap can be expanded to accept facts occurring over several days or months as long as these criteria are met.
3) Both acts and statements can be considered res gestae and admitted under Section 6. Statements of those present like bystanders
This document summarizes the rights of an arrested person under Article 5(3) and (4) of the Malaysian constitution. It discusses the three main rights: 1) the right to be informed of the grounds for arrest, 2) the right to consult a legal practitioner, and 3) the right to be defended by a legal practitioner of one's choice. It examines Malaysian case law that has interpreted and established limitations on these rights, such as allowing a reasonable delay before access to a lawyer to avoid interfering with police investigations. The document also discusses exceptions to these rights for enemy aliens under certain security laws.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Rape is defined under Section 375 of the Penal Code. It involves sexual intercourse by a man with a woman without her consent. Consent is invalid if obtained through fear, fraud, or abuse of authority. Rape can occur between spouses. Punishments for rape are outlined in Section 376 and vary based on aggravating factors. Consent is not a valid defense if the victim is under 16 years of age. The document discusses the legal definitions and interpretations of key terms like sexual intercourse and consent. It also explores exceptions, punishments, and outstanding legal questions around rape.
The document discusses sexual offenses from a medicolegal perspective. It defines various types of sexual offenses according to Sri Lankan law, including rape, incest, unnatural offenses, gross indecency, grave sexual abuse, and sexual harassment. It then describes how victims of sexual offenses may present, with or without a complaint, noting various potential injuries and signs. It emphasizes the importance of obtaining informed consent and providing support when taking a thorough history from victims.
This document provides an overview of sexual offences under Indian law. It defines sexual offences and classifies them as natural offences (including rape, incest, and adultery) or unnatural offences (such as sodomy). The document outlines the Indian Penal Code sections related to different types of rape and sexual assault and provides details on related crimes like disclosure of a rape victim's identity. It also discusses unnatural offences, including sodomy, buccal coitus, lesbianism, bestiality, and sexual perversions. The presentation aims to educate about sexual crimes and their classification under Indian law.
Ben obtained a loan from Bob and used his land as security. They signed an agreement allowing Ben to redeem the land by paying back the loan by 31/3/2012. Ben failed to pay by the deadline. The question is whether Ben can now redeem the land using a loan from a bank. The summary is that Ben can redeem the land, as the original agreement was intended as an equitable mortgage, giving Ben the ongoing right to redeem even after missing the repayment deadline.
Dol provided a loan to Ben and held the title document as security but later returned it at Ben's request. The question is whether Dol still has rights as a lien holder. The summary is that Dol lost his rights as an equitable lien holder
The document discusses whether an order for sale should be granted to Bank Indah Berhad due to Oren's failure to remedy a breach. It explains that a charge is a transaction where land or a lease is used as security for a loan. For a charge to be valid, it must be registered under the National Land Code. The document outlines the process for an order of sale, which includes serving a statutory notice on the chargor regarding the breach. If the breach is not remedied, the chargee can apply for an order of sale to recover the outstanding amount through an auction of the charged property. As Oren failed to remedy the breach after notice, Bank Indah Berhad would be entitled to an order for
Toman can challenge the indefeasibility of the charge in favor of Bank Haruan Berhad on the grounds of forgery or fraud. Forgery occurred when Mahmud used a forged power of attorney to charge Toman's property to the bank without Toman's knowledge. The bank cannot claim to be a bona fide purchaser for value because as an immediate chargee, the title is still defeasible under Malaysian law which applies deferred indefeasibility. Toman was not aware of the transaction and did not consent to the charge.
There are several strands of feminist legal theory, including liberal, radical, cultural, Black, postmodern, and pragmatic feminisms. Radical feminism views patriarchy as the fundamental source of inequality, seeking to transform relationships between the sexes. It argues that pornography perpetuates male dominance and desensitizes men to violence against women. Cultural feminism believes there is a distinct feminine approach to moral issues that differs from the male-centered legal system. Feminist theories have been criticized for potentially essentializing women and ignoring diversity in women's experiences.
Administration of trust / past year attempt - april 2010 part cFAROUQ
Robert left a will dividing his estate among his relatives. His executor, David, has questions about the validity of the will and the beneficiaries. The will is valid as it was in writing, signed by Robert, and witnessed by two people as required by law. Nicole is entitled to the house as evidence suggests she was Robert's favorite sister. Joe is only entitled to RM50,000 of the RM100,000 bank gift as the account held less. Kevin is entitled to the 10,000 remaining shares as the gift was general. Sandra is entitled to the car as an exception to lapse applies when the original beneficiary dies with issue.
Feminist jurisprudence aims to analyze and transform law from a feminist perspective focused on gender equality and liberation from patriarchy. It critiques concepts of objectivity, neutrality, and rationality in law as masking male bias. Feminist legal theorists reject the idea of law as a neutral system and instead see it as political. They argue legal methods exclude women's experiences and maintain the status quo. Feminist jurisprudence proposes alternative methods like consciousness raising and legal storytelling to include marginalized voices. The goal is not to replace law but to acknowledge its politics and be open to multiple perspectives.
The document outlines various criminal offenses under criminal law, including homicide (murder, manslaughter, justifiable homicide), assault and battery, rape, conspiracy, burglary, larceny, embezzlement, false pretenses, robbery, extortion, arson, solicitation, and aiding and abetting. It defines each crime and provides brief descriptions of elements that must be present to constitute each offense.
1. Rape can have long-lasting psychological impacts on victims including feelings of guilt, dissociative amnesia, and post-traumatic stress disorder according to diagnostic criteria.
2. Victims often require a multidisciplinary therapeutic approach including emotional, medical, social, and forensic care to address safety, anxiety management, emotional processing, and prevention of recurrence.
3. Group therapy can help victims regain a sense of trust and belonging to move beyond feeling helpless.
This document summarizes rape laws under the Penal Code of Malaysia. It defines rape and the elements that constitute rape, including sexual intercourse without consent, through fear or misconception, with a woman who is not a wife. It outlines the different circumstances considered rape, such as if the victim does not understand the nature of the act or if the perpetrator abuses a position of authority. Punishments for rape and aggravated rape are also mentioned. Key court cases are referenced to further explain and establish legal precedents around rape definitions and determinations of consent.
The document summarizes key aspects of Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004, which aims to address violence against women and their children in the Philippines. Some key points covered include: defining what constitutes violence against women and their children, possible violators under the law, protection orders that can be issued (barangay, temporary, permanent), battered woman syndrome as a defense, and provisions around child custody. The law criminalizes physical, sexual, psychological and economic abuse, and aims to protect victims through various legal mechanisms.
This document discusses the concepts of free consent, coercion, undue influence and fraud under Indian contract law.
It defines free consent as agreement between two parties on the same terms without coercion, undue influence, fraud or mistake. Consent is considered freely given unless it is caused by coercion, undue influence, fraud, misrepresentation or mistake. Coercion involves threatening unlawful acts while undue influence involves improperly exploiting a position of power over another. The effect is that agreements made under coercion or undue influence are voidable. Fraud involves intentional misrepresentation or concealment with the aim of deceiving another party. Contracts obtained through fraud are also voidable.
Certainty in sentencing rapists could reduce incident of rapes in manipurBraja Nameirakpam
The document discusses a court case in Manipur, India where two men were convicted of gang raping a student. The author argues that imposing a severe punishment, such as the 15 and 10 year prison sentences handed down in this case, could help reduce the incidence of rape. The judgment sets an important precedent that shows zero tolerance for rape and may deter future criminals. The court carefully examined evidence such as the victim's testimony and medical reports to determine the assault was non-consensual before convicting the men on both rape and conspiracy charges. The author believes the strong sentence correctly acknowledges the severity of gang rape and will discourage similar crimes in the state.
This document defines and discusses various types of sexual offenses under Indian law. It begins by defining natural offenses (those committed through vaginal penetration) and unnatural offenses (those against the natural order). It then discusses specific offenses like rape, adultery, and unnatural acts. It provides legal definitions and punishments for offenses like rape, gang rape, sexual assault by persons in authority, and repeat offenders. It also discusses unnatural acts like sodomy, tribadism, bestiality, and sexual perversions. Overall, the document comprehensively outlines Indian law around various types of sexual crimes and offenses.
This document defines and discusses various types of sexual offenses under Indian law. It begins by defining natural offenses (those committed through vaginal penetration) and unnatural offenses (those against the natural order). It then discusses specific offenses like rape, adultery, and unnatural acts. It provides legal definitions and punishments for offenses from sections of the Indian Penal Code like rape, gang rape, sexual assault by persons in authority, disclosure of victim's identity, and unnatural offenses. It also discusses sexual perversions like sadism, masochism, and bestiality. In summary, the document comprehensively outlines Indian laws pertaining to different types of sexual crimes and perversions.
CLASSIFICATION OF SEXUAL OFFENCES
DEFINITION OF RAPE- Sec 375 IPC
Punishment of Rape - Section 376 IPC
STATUTORY RAPE
CUSTODIAL RAPE
DATE RAPE
COMPLICATIONS OF RAPE
Rape trauma syndrome
CLINICAL EXAMINATION OF THE VICTIM & ACCUSED IN CASES OF SEXUAL ASSAULT EVIDENTIAL MATERIAL COLLECTION IN CASES OF SEXUAL ASSAULT TYPES & MEDICO LEGAL ASPECTS OF UNNATURAL SEXUAL OFFENCES TYPES & MEDICOLEGAL ASPECTS OF SEXUAL PERVERSIONS
Supreme court verdict on 6th Sept 2018
Sex-linked offences -Indecent assault
This document summarizes the key points of the Anti-Rape Law of 1997 (RA 8353) in the Philippines. It defines the different forms of rape, including rape through sexual intercourse and rape through sexual assault. It outlines the elements and circumstances of rape through sexual intercourse under Article 266-A. It also discusses innovations introduced by RA 8353, such as recognizing marital rape and allowing men to be victims. The document provides details on aggravating circumstances, exceptions, and doctrines from jurisprudence related to rape cases in the Philippines.
This document outlines various crimes under Philippine law, including crimes against persons, property, chastity, and violence against women and children. It defines the elements of crimes such as rape, physical injuries, theft, robbery, acts of lasciviousness, sexual harassment, and adultery. It provides explanations and examples of these crimes and addresses legal questions to test understanding. The overall purpose is to spread awareness of important aspects of Philippine criminal law.
This document discusses the definition and elements of criminal force under Indian law. It provides examples of what constitutes criminal force, such as intentionally pulling a woman's veil without her consent or pushing against someone on the street. Mere breaking into an empty house would not involve criminal force, but striking an object being carried by a person would. The key elements are the intentional use of force without consent, in order to commit an offense or cause injury/fear. Assault involves the threat or preparation to use force, while criminal force involves actual unlawful physical contact or motion.
Only the offended spouse can file a complaint for adultery or concubinage. If the complainant consented to or promoted the infidelity, they cannot file a complaint. For rape, the victim must not have consented and sexual intercourse must have occurred through force or intimidation. For seduction, the victim must be a virgin female over 12 but under 18 and the offender abused their authority over the victim. A pardon from the offended party extinguishes criminal liability for rape only if a valid marriage exists between the rapist and victim. The offender is also obligated to acknowledge and support any offspring from the crime.
This document provides an overview of the criminal law defenses of trifle, accident, duress, and infancy. It summarizes the key elements of each defense. For trifles, slight harms that would not bother a reasonable person are not considered offenses. Accidents refer to unintentional acts done with proper care. Duress requires threats of instant death that compelled the unlawful act. Infancy applies to children under 7 who cannot understand wrongfulness, and those under 12 may also lack understanding depending on maturity. Exceptions and case law examples are also briefly outlined.
The document discusses sexual offenses and rape laws in India. It classifies sexual offenses into natural offenses (rape, adultery, incest), unnatural offenses (sodomy, lesbianism, bestiality), sexual deviations (fetishism, transvestism, sadism, pedophilia), and sex-linked offenses (indecent assault, offenses under Immoral Traffic Act). It defines rape and lists its punishments. Rapes are further classified as statutory rape, marital rape, gang rape, date rape, stranger rape, and custodial rape. The roles and procedures of medical examination of a rape victim are also outlined.
This document discusses sexual offences and provides classifications and definitions. It covers natural sexual offences like rape and incest. It also discusses unnatural sexual offences that are against the natural order like sodomy and bestiality. Sexual deviations that are against human biology like sadism and fetishism are also defined. The document then focuses on the definition of rape under Indian law and the examination process for rape cases.
The document summarizes a court case in India. It discusses the charges filed against three applicants - a husband (Applicant 1) and his brother and sister-in-law (Applicants 2 and 3). The complainant is the wife of Applicant 1. She alleged harassment and cruelty by the applicants after marriage, including demands for dowry. The court upheld the charge of cruelty/dowry demand against all three applicants under Section 498A of the Indian Penal Code. However, it removed the charges of rape and unnatural sex against the husband, citing exceptions for marital rape in Indian law. It said sexual acts between a husband and wife do not constitute rape or unnatural sex offenses. The charge of unnatural
The document discusses various aspects of free consent in contracts such as coercion, undue influence, misrepresentation, fraud, and mistake. It defines these terms and explains how and when consent is considered not free due to these factors. Consent obtained through coercion, undue influence, fraud or misrepresentation makes the contract voidable at the option of the aggrieved party who can also claim damages in some cases. Mistakes can also vitiate consent if bilateral but not if unilateral unless induced by misrepresentation.
This document summarizes Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995. It defines sexual harassment and outlines prohibited acts in work, education, and training environments. It also discusses the duties of heads of offices/employers, their liability, applicable penalties, and relevant jurisprudence from Supreme Court cases related to sexual harassment complaints and interpretations of this law. Key prohibited acts include making sexual favors a condition of employment/grades and creating a hostile environment. Employers are liable if they do not take action after being informed of harassment. Penalties include fines and imprisonment. Case examples demonstrate what constitutes harassment and how the Court evaluates allegations.
This document discusses eyewitness testimony and confessions as forms of evidence in criminal cases. It provides two case studies of mistaken eyewitness identification that led to wrongful convictions. It also examines factors that can affect the reliability of eyewitness accounts, such as stress, memory reconstruction, focus on weapons, and leading questions. The document outlines approaches to assessing eyewitness testimony, including considering the reliability and accuracy, the perspective of a victim witness, and issues with child witnesses. Finally, it discusses the definition and types of confessions under Indian law, including judicial confessions, extrajudicial confessions, and retracted confessions. The key laws around the admissibility of confessions from the Indian Evidence Act are also summarized.
This document discusses the concept of coercion (ikrah) in Islamic law. It begins by defining coercion according to various Islamic scholars and jurists, noting that coercion results in the loss of consent without causing one to lose contractual capacity. It then examines the types of coercion according to different Islamic schools of law, such as ikrah mulji' (coercion resulting in harm) and ikrah ghayr mulji' (coercion not resulting in harm) in the Hanafi school. The document also discusses relevant Quranic verses, hadith, and legal maxims. It analyzes the differences between coercion in Islamic law and English law, and examines two cases (R v Hassan and R v Hudson & Taylor
The document discusses the relevance of Alfred Thayer Mahan's geopolitical theories in the 21st century. It analyzes Mahan's key tenets on sea power and its importance for national success. Using tools like DIME analysis and comparisons between countries, it evaluates if concepts like control of trade routes and naval strength still apply. While Mahan's ideas retain relevance, the document concludes that land and air transport are improving and may one day rival sea power, lessening the complete validity of Mahan's theories in the modern context.
A corporation has the capacity to create a power of attorney by executing it under its common seal. Directors can appoint an attorney on behalf of the company through a resolution. However, the power of attorney must be executed and authenticated according to the requirements of the Powers of Attorney Act 1949, such as using the appropriate form. A company was found to have validly granted an irrevocable power of attorney to a bank as security for a loan facility.
PERATURAN-PERATURAN ANGKATAN TENTERA(BIDANGKUASA TERUS) 1976FAROUQ
This document amends regulations related to the Armed Forces Act of 1972. It makes changes to the First and Second Schedules of the Armed Forces (Summary Jurisdiction) Regulations of 1976. The First Schedule is amended by deleting paragraph (h). The Second Schedule is replaced in its entirety with a new schedule that lists 8 civil offenses that may be dealt with by a Commanding Officer or Superior Authority, including various motor vehicle and traffic offenses. The amendments were approved by the Yang di-Pertuan Agong and made on July 20, 1999.
PERATURAN-PERATURAN ANGKATAN TENTERA (BIDANGKUASA TERUS) 1976FAROUQ
1. The document outlines regulations regarding summary jurisdiction in the Malaysian Armed Forces.
2. It defines key terms and establishes that a commanding officer has the power to investigate and deal summarily with charges against those under their command. This power can be delegated to subordinate commanders.
3. The regulations specify which punishments subordinate commanders are authorized to award depending on their rank and the rank of the accused person. Minor punishments are outlined in an attached schedule.
KAEDAH-KAEDAH ANGKATAN TENTERA (PENJARAAN DAN TAHANAN) 1976FAROUQ
This document outlines rules for the Armed Forces of Malaysia regarding imprisonment and detention. It covers several topics:
1) It establishes control and inspection of detention centers, including appointing inspectors to oversee detention centers and report to the Minister.
2) It specifies where persons may serve sentences of imprisonment or detention, including service establishments (detention centers and unit detention rooms) and civil prisons. It also classifies service establishments.
3) It provides guidelines for officers serving sentences and where servicemen sentenced in or outside of Malaysia will serve their sentences.
The rules aim to standardize treatment and procedures for members of the Armed Forces serving sentences.
KAEDAH-KAEDAH ANGKATAN TENTERA (MAHKAMAH TENTERA) 1976FAROUQ
This document contains the Armed Forces (Court-Martial) Rules of Procedure 1976 which outline the procedures for courts-martial in the Malaysian Armed Forces. Some key points:
- It establishes the procedures for courts-martial, including convening courts, charges, investigations of offences, trials, findings, sentencing and appeals.
- Courts-martial have jurisdiction to try any Armed Forces personnel for offences under the Armed Forces Act and to determine appropriate punishments.
- Trials are generally open to the public, but the president can order proceedings to be in camera for reasons such as national security or public morals.
- It outlines the roles and responsibilities of those involved in courts-
PERATURAN-PERATURAN ANGKATAN TENTERA(HUKUMAN MEDAN) 1976FAROUQ
This document summarizes the Armed Forces (Field Punishment) Regulations 1976 which establish rules for field punishment in the Malaysian armed forces. Specifically, it allows for field punishment to be carried out with the offender's unit or under supervision of an appointed officer. It defines the nature of field punishment as additional duties/drills or loss of privileges as directed. It also establishes rules for personal restraint, limiting it to prevent escape/injury and for no more than 24 hours continuously.
KAEDAH-KAEDAH ANGKATAN TENTERA (LEMBAGA SIASATAN) 1976FAROUQ
The document outlines rules for Armed Forces boards of inquiry and courts-martial in Malaysia. It details procedures for investigations, trials, evidence collection and witness testimony. Some key points include:
- Boards of inquiry can be convened to investigate servicemember absences or deficiencies in arms/equipment. Courts-martial can try offenses under the Armed Forces Act.
- Rules govern search warrants, interrogation of suspects, and the roles of prosecutors, defending officers and interpreters at trials.
- Courts-martial must consider challenges to their jurisdiction and objections to charges. Accused servicemembers can plead guilty, not guilty, or object to joint charges/trials.
- If found guilty, courts consider
This document summarizes different types of damages that can be claimed in personal injury cases under Malaysian law. There are two main types of losses: special damages, which include quantifiable financial losses like loss of earnings and out-of-pocket medical expenses, and general damages, which cover non-financial losses like pain and suffering. It provides details on how loss of earnings, both past and future, are calculated. It also discusses other claims that fall under general damages, such as loss of amenities/capacity for enjoyment of life and loss of expectation of life.
This document summarizes the types of claims that can arise from fatal accidents under Malaysian law. There are two main types of claims: estate claims by the victim's estate to recover out-of-pocket expenses, loss of earnings until death, and funeral expenses; and dependents' claims by those financially dependent on the victim to recover loss of support. Dependents can claim special damages like medical expenses, loss of pre-trial support, and funeral costs. They can also claim general damages for bereavement, loss of services or consortium, and loss of future financial support calculated based on the victim's expected income and working life. The law specifies who qualifies as dependents and sets limits on certain types of damages that
This document summarizes the law around tracing trust assets when misappropriated by a trustee. It discusses the differences between tracing in common law and equity. In common law, tracing is allowed if the property has not changed form, but if it has, only damages are available. In equity, tracing is allowed even if the property has changed form or been mixed with other assets. There are also specific rules discussed around tracing mixed assets, between multiple trusts, in bank accounts, and exceptions where tracing is not available such as against a bona fide purchaser or when the property can no longer be identified.
The document summarizes four key cases related to negligence and foreseeability of damages:
1) Re Polemis - A shipowner sued a charterer after benzene leaked on board and was ignited by a spark, causing an explosion. The court held the charterer liable as the explosion was a direct consequence of their servant's negligence.
2) The Wagon Mound (No: 1) - Oil leaked from a ship and later ignited, destroying a nearby wharf. However, the court found the defendants not liable as the risk of fire could not have been foreseen.
3) Hughes v Lord Advocate - A man was injured after a lamp dropped into an unguarded manhole
This document discusses the legal elements and principles of duty of care in negligence cases. It outlines proximity, foreseeability of harm, and a reasonable duty as key elements in determining whether a duty is owed from one party to another. Several court cases are referenced that helped establish precedents around duty of care, including Donoghue v Stevenson, Rondel v Worsley, and Governor of the Peabody Donation Fund Ltd. V Sir Lindsay. Islamic points of view and other general notes on duty of care are also mentioned.
This document outlines several common defences that can be used in defamation cases, including justification (if the defamatory statement was proven to be true), fair comment (if the statement was an opinion on a matter of public interest and was not made with malice), privilege (if the statement was made in certain legal contexts like in Parliament), apology (if the defendant apologizes, it can mitigate damages), and paying into court (if the defendant pays money into court as compensation, it can reduce costs if the plaintiff accepts the payment).
To establish a claim for defamation, three elements must be met:
1. The words must be defamatory in that they lower the plaintiff's reputation.
2. The words must refer to the plaintiff, either by explicitly naming them or implicitly through context clues.
3. The defamatory words must be published, meaning communicated to at least one other person besides the plaintiff. Unintentional defamation can still result in liability, but mitigating factors like correcting the record may reduce damages owed.
Defamation is defined as the publication of a statement that lowers a person's reputation in the eyes of others. There are two types: libel, which is a defamatory statement published in permanent form like writing or images; and slander, which is a defamatory oral statement. For a statement to be considered defamatory, the words must tend to make ordinary people avoid or shun the person. Some types of slander, like words imputing unchastity or damaging someone's professional reputation, are considered defamatory per se and do not require proving special damages. Defamation can also occur through innuendo, where words are not explicitly defamatory but take on a def
This document outlines different types of damages that may be awarded in legal cases. It discusses nominal damages, which are awarded when a plaintiff's rights have been violated but no actual damages occurred. It also discusses exemplary/punitive damages, which aim to punish defendants and deter future wrongdoing, such as in cases of oppressive government actions or where a defendant's conduct was intended to make a profit exceeding compensation. The document also mentions aggravated damages, where a court may increase damages due to a defendant's motive or conduct exacerbating a plaintiff's injury and violation of dignity.
This document discusses principles of compensation for damage to property under tort law. It addresses situations of total destruction of property, partial/normal damage to property, cost of repair, loss of use, and duty to mitigate damages. For total destruction, the plaintiff can claim the market value at time of destruction. For partial damage, compensation includes repair costs even if the property value increases after. The cost of repair cannot exceed the total value of the property. The plaintiff may also claim loss of use and business profits if the property was used for business purposes. The plaintiff has a duty to mitigate damages by taking reasonable steps to avoid further loss.
P can be found contributorily negligent if their actions were reasonably foreseeable to cause harm and they failed to act as a reasonable person. The elements of contributory negligence are foreseeability of harm and causation between the plaintiff's actions and their damages. Some examples of contributory negligence include riding in an unsafe position on construction equipment, failing to follow safety instructions, not wearing a required helmet, boarding a moving bus, or getting into a car with a drunk driver. Minors may also be contributorily negligent depending on their age and maturity. When determining damages, the court will apportion liability based on the relative fault of the plaintiff and defendants.
The document discusses causation in negligence cases under English law. It outlines two types of causation: (1) causation in fact, known as the "but for" test, which examines whether the plaintiff's loss would have occurred but for the defendant's negligence; and (2) causation in law (remoteness of damages), which examines whether the damages are too remote to hold the defendant liable. It provides examples of how courts have applied the "but for" test and exceptions where it does not apply, such as when the defendant's actions materially increase the risk of injury or there are multiple possible causes of damage.
1. RAPE
The parties involve are A, as the accused and B, as the victim. Then, the issue here is
whether B can be held liable for offence of rape as defined under Section 375 of the Penal Code and
punishable under Section 376 of the same code for having sexual intercourse with B without her
consent (according to question).
LAW PRINCIPLE
Section 375 provides that a man is said to commit rape when he has sexual intercourse with
a woman under circumstances stated under limb (a) to limb (g) of the section.
ACCORDING TO QUESTION -> Section 375 limb c provides that a man commits the offence of rape
when he has sexual intercourse with a woman with her consent, when her consent has been
obtained by putting her in fear of death or hurt to herself or any other person, or obtained under
misconception of fact and the man knows or has reason to believe that the consent was given in
consequence of such misconception.
Rape was defined in the case of PP v Mohd Arfah Jasmi as the act of taking anything by
force; violence seizure (of goods), robbery or the act of carrying away a person (especially woman)
by force. Then, sexual intercourse also was defined as the insertion of a man’s erect penis into a
woman’s vagina, usually followed by the ejaculation of semen.
The explanation under section 375 states that penetration is sufficient to constitute the
sexual intercourse to the offence of rape. As in the case of Cheong You Hoi v PP, the court held that
for rape, any act of penetration is sufficient and it is not necessary to prove anything beyond that, as
for example the fact of ejaculation or present of semen.
Then, consent was defined in the case of R v Abu Kassim Babu as consent is an act of reason
and means an active will in mind of person to permit the doing of an act and acknowledge of what
has been done. A mere act of helpless resignation in the face of compulsion, quiescence, non-
resistance or passive giving in because of fear or duress cannot be consent.
CIRCUMSTANTIAL CASES DEPENDING ON THE QUESTION
LIMB A - AGAINST HER WILL
Section 375 (a) states it is a rape to have sexual intercourse by overcoming of active
resistance on the woman’s part. In the case of PP v Nasar, the act of sexual intercourse was effected
despite struggles, protests and crying on the victim’s part. This was sufficient evidence of
penetration without her will.
LIMB B – WITHOUT HER CONSENT
Section 375 (b) relates to sexual intercourse without the consent of the woman. Consent is
an act of reason, accompanying by deliberation, the mind weighing as in a balance, the good and the
evil on each side.
• Liew Kim Yong v PP – dated – a year – dinner – no injury – w/out consent – the victim was
frightened, confused, and upset.
• PP v Mohd Ridzuan – pillion rider - Seremban - shopping complex-oil palm (8.40 pm -1.00
am) – stayed, not tried to escape – with consent.
2. LIMB C – FEAR OR MISCONCEPTION OF FACT
Under section 375 (c), the consent to the sexual intercourse obtained under fear of death or
hurt to complainant herself or any other person or obtained under misconception of fact, where the
consent had been so obtained, the sexual intercourse is an offence of rape.
As stated in the case of PP v Abdul Rahman, the accused was convicted for rape of 20 years-
old girl. The prosecution case was that he had raped the complainant several times over a period of
3 months on the pretext of spiritual medical treatment to cure complainant’s persistent ailment.
The prosecution contended that it had been impressed upon the complainant that if she did
not submit to the sexual intercourse she would become insane or would meet death. So the
complainant submitted to the accused’s will under misconception of fact that she was being treated
by a prominent spiritual healer and that insanity or death would befall her if she had resisted. In this
case the court of appeal reaffirms the decision of the trial judge where the consent given was based
on misconception of fact and thus the sexual intercourse was an offence of rape.
LIMB D – LEGALLY MARRIED OR SOMEONE SHE WOULD CONSENT
This section relates to situation where the woman consents because of her belief the
offender is someone to whom she married or would consent to have sexual intercourse.
• PP v Papadimitroupoulos – victim only speak English –asked to sign form –claimed to be
form of marriage – had sex – no marriage ceremony – consent invalid.
• R v Elbekay – victim, accused and victim’s boyfriend returned drunk – went to victim’s room
– had sex –consented assumed his boyfriend – pushed the accused when realized –
convicted.
LIMB E – NOT UNDERSTAND NATURE AND CONSEQUENCE
Section 375 (e) provides for the situation where the victim does not understand the nature
and consequences of what she had given her consent to.
• R v Flattery – went to accused – medical advice – advice to perform ‘surgery’ – consented –
did not know what the accused meant – believed she was treated medically – convicted –
victim did not knew the accused was about to violate her person – only believed accused
was performing a surgical operation – cure her illness.
LIMB F – ABUSE POSITION OF AUTHORITY OR TRUST
This section provides for the situation where sexual intercourse is effected with the victim’s
consent obtained by the accused abusing a position of authority or trust. In the case of Agustine
Foong v PP, the accused was master of maid. He had a sex with the victim and the victim consented
because she feared that she would be deprived off her financially if she resisted.
LIMB G – STATUTORY RAPE
Section 375 (g) states that it is rape to have sexual intercourse with a woman under 16 years
of age, with or without her consent. It was stated that in the case of Mohd Fairuz v PP that when the
victim is under 16 years, her consent is immaterial even if she consents.