The document discusses several questions related to criminal procedure in Malaysia. It addresses: 1) Why public prosecutors need to transfer cases to the High Court even if within the jurisdiction of subordinate courts, and the four ways cases can be transferred. 2) The considerations public prosecutors take in determining whether to charge a suspect or not, including that a charge must precisely state the offense as defined by law. 3) That the Malaysian Anti-Corruption Commission does have the power to prosecute cases under the Legal and Prosecution Division. 4) Other topics like duplicity, misjoinder, whether date is essential in a charge, and the appropriate course for a magistrate to take if an accused pleads

1. CPC 1: TUTORIAL QUESTIONS
Prepared by: Atikah (1426542)
Question 64: Why PP needs to transfer cases
to the HC even within the jurisdiction of the
subordinate court?
Section 417 and 418 CPC, 4 ways to transfer
the case to HC-
I. Report of the lower court
II. Application by PP (s.177 and 418)
III. Application of the accused person
IV. HC’s on initiative s,417
The transfer may be lateral ( same level of
courts but different local jurisdiction) or
vertical way ( from lower court to higher
court).
The transfer can be done at any stage of the
proceedings. In certain situations, the PP is
required to transfer the case to the HC;
a) UndersDDA 1952- S.38B
b) S.11 of Firearms(IncreasedPenalties) Act
1971
c) CJA para 12
d) SCA 1948 para 3(2)
Trials by certificate by the PP-shall be
tendered to sub,court before the case is
triable and court SHALL transfer.
Cross refer to s.418B
Question 65: What are the
considerations/matters taken by PP in
determining to charge or not a suspect?
A charge shall state the offence committed
precisely as stated by the law.
Case: Lee Chin Kee v PP-
..to give the accused précised accusation so
that the accused is not embarrassed in his
plea and of he is convicted, he is no left in
doubt as to the offence of which he has been
convicted.
Section 152-154 of CPC
s.154 of CPC- manner of the offence must be
stated.
So, a charge must;
 Precisely frame
 Follow the wording of the statute
Case: PP v Syed Bakri [1955]
Question 66: MACC has no power to
prosecute.discuss.
Malaysia Anti Corrupt Commissioner does
have the power to prosecute under the Legal
and Prosecution Division.
CPC section 377(b)-authorized by PP includes
(3) an officer of any Government department
Question 67: what is duplicity and why it is
prohibited?
Section 163-has 2 limbs
1. Rule against joinder of offences/
DUPLICITY: 1 offence, 1 charge
2. Rule against joinder of charges/
joinder of accused
The main reason for this rule is, the accused
will not be confused in his defense of the
charges which are not connected to each
other.

2. Also to ensure justice to be upheld!
Question 68: What is misjoinder and why it
is prohibited?
Section 163- second limb
Every charge shall be tried separately.
Means ,every charge of one offence should be
tried separately or every accused shall be
tried separately.
The reason is, the court and accused will not
be prejudiced by a multiple of charges at one
trial.
Question 69- Is DATE an essential in a
charge?
Section 153(1) of CPC- a charge must contain
such particular as to the time and place of the
alleged and the person…
Together with Section 154-the manner of
committing offence must be stated
Question 70: may an accused be convicted to
an offence other than the one he is charged
with?
Yes, provided that the charge is properly done
as stated under section 173(a) and 178 of CPC
The charge must be informed ,read and
explain to the accused.
Question 71: appropriate course taken by a
Magistrate to an accused who pleaded not
guilty?
Section 173(c ) of CPC
Set another date for trial and asked for a
defense counsel and also to produced
evidences before the court to support his
plead.
Question 72: compare 2 criminal case and
the bail imposed.
Tak boleh jamin
 Harian Metro
 10 Oct 2017
 Guru didakwalakuseksoral,cabul 5
muridlelaki
 tiga pertuduhanmengikutSeksyen377B
KanunKeseksaan(KK) keranamemaksa
muridlelaki berusia11 tahunmelakukan
seksoral di dalampejabatHEM antara
Mei hinggaOgoslalu.
2 anggotapolisdidakwamintasuapan
RM1,000
Utusan Malaysia-12Apr 2018
BUTTERWORTH 12 April – Dua anggota polisyang
bertugasdi Balai PolisSeberangJayahari ini
didakwadi MahkamahSesyen disini atas dua ...
HakimSitarunNisamembenarkankedua-dua
tertuduh diikatjamin RM3,000 denganseorang
penjaminbagi setiaptertuduh
Lelaki didakwaugutbunuh,jolokpemutar
skrudalammulut isteri
AstroAwani-13Apr 2018
PETALINGJAYA:Seorangpengawal keselamatan
didakwadi MahkamahSesyen disini,hari ini atas
pertuduhanmengugutuntukmembunuh...tidak
membuatrayuanberhubungjaminandan
mahkamahtidakmembenarkantertuduh diikat
jamin sertamenetapkan7Mei untuksebutan
semulakes.

3. Section 389 CPC-the amount of bond shall
be sufficient with due regard to the
circumstances of the case and shall not be
excessive.
Case: Zulkiflee bin Hj Hassan v PP:
From RM1M bail, the judge reduced to
RM200k and said the purpose of bail is to
secure the attendance of the accused to
answer charges against himas provided
under S.389