1. Meng and Ong were good friends. During a heated argument, Ong lost his temper and
repeteadly stabbed Meng with a Rambo knife. Meng died two days later and Ong is
now charged with his murder.
i)
State the jurisdiction of the court where the murder case will first be mentioned
before it is transferred to the trial court. (5 marks)
The court that will hear the first mention of this case is the Magistrate Court. This is
as laid down in Article 5(4) of the Federal Constitution and also Section 177A of Criminal
Procedure Code. There are First Class and Second Class Magistrate's Court.
The first class magistrate has the original jurisdiction in civil cases to try all actions
where the amount in dispute or value of the subject matter does not exceed RM25 000, unless
both parties consented in writing allowing their case to be tried before the magistrate
although the amount in dispute is more than RM25 000.
In criminal matter, the magistrate's court has an original jurisdiction to try all offences
punishable with up to ten years imprisonment or fine only. He or she may also try offences
under Section 392 of the Penal Code that concern robbery and Section 457 that deals with
lurking, house trespass, or housebreaking by night in order to commit offences punishable
with imprisonment.
The sentencing power of a magistrate is limited under Section 87(1) of Subordinate
Courts Act 1948. The sentences allowed is not exceeding five years imprisonment, a fine of
RM10 000, whipping up to twelve strokes or any sentence combining any of the abovementioned sentences. However, under the Dangerous Drugs Act 1952, Customs Act 1967
and Betting Act 1953 the Magistrate may impose a fine higher than RM10,000.00.
.
The first class magistrate courts also have the appellate jurisdiction. He or she has
jurisdiction to hear and determine both civil and criminal appeals from any decision of the
Penghulu's Court, within its jurisdiction. The first class magistrate may reduce or vary, but
not enhance the sentence and in an appeal against any other order, alter or reverse the order.
The second class magistrate on the other hand, has only original jurisdiction. In civil
cases, the amount in dispute must not exceed RM3000 as provided in Section 92 of
Subordinate Court Act 1948 and in criminal case; the maximum penalty of the offence is up
only to penalty of 12 months imprisonment or fine only.