What Do You Think?
Posted by snowie , Monday, February 1, 2010 9:07 PM
Case 1:When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
a. Is Ryan liable under civil or criminal law?
Ryan is liable under criminal law.
Based on uslegal.com, Criminal law is the body of rules and statutes defining the offences against the community at large. It regulates how suspects are investigated, charged and tried. The law also provides the punishments for convicted offenders. This is also termed as Penal law.
Based on Wikipedia, it stated that the Criminal punishment depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
And also, Ryan is liable under Law of Malaysia Act 333, Road Transport Act 1987, Section 42 which is Reckless & Dangerous Driving.
Under this section, it stated that any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
b. Should this case go to court, what will be Ryan's right?
This case should go to court. And Ryan also can hire a lawyer and defense himself.
c. What should the pedestrian do to recover his injuries/loss?
The pedestrian can claim the compensation from Ryan or can claim from the fine that stated by the court.
Case 2: Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.
a. Determine Geena's liability: civil or criminal?
Geena is liable under both criminal and civil law. Civil law or private law occurs or disputes between private individuals such as, contract, tort, trusts, property or family. In this case, the private individual is the people of unregistered online investment portal. Due to Geena holding a fake passport and committing the crime by using computer, it already determine Geena is liable under crimial law.
b. What law(s) and statutes you think Geena has violated?
Under the Passports Act 1966, any person with intent to obtain for himself a passport, internal travel document, or an endorsement or visa on his passport, knowingly makes any false statement or produces any document which is to his knowledge false in any particular shall be guilty of an offence and shall, on conviction, be liable to a find not exceeding RM$10,000 or to imprisonment for a term not exceeding 5 years or to both.
In this case, Geena got a intention to obtain a fake passport for herself. Due to that, she offended the Passports Act 1966.
a. Is Ryan liable under civil or criminal law?
Ryan is liable under criminal law.
Based on uslegal.com, Criminal law is the body of rules and statutes defining the offences against the community at large. It regulates how suspects are investigated, charged and tried. The law also provides the punishments for convicted offenders. This is also termed as Penal law.
Based on Wikipedia, it stated that the Criminal punishment depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
And also, Ryan is liable under Law of Malaysia Act 333, Road Transport Act 1987, Section 42 which is Reckless & Dangerous Driving.
Under this section, it stated that any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
b. Should this case go to court, what will be Ryan's right?
This case should go to court. And Ryan also can hire a lawyer and defense himself.
c. What should the pedestrian do to recover his injuries/loss?
The pedestrian can claim the compensation from Ryan or can claim from the fine that stated by the court.
Case 2: Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.
a. Determine Geena's liability: civil or criminal?
Geena is liable under both criminal and civil law. Civil law or private law occurs or disputes between private individuals such as, contract, tort, trusts, property or family. In this case, the private individual is the people of unregistered online investment portal. Due to Geena holding a fake passport and committing the crime by using computer, it already determine Geena is liable under crimial law.
b. What law(s) and statutes you think Geena has violated?
Under the Passports Act 1966, any person with intent to obtain for himself a passport, internal travel document, or an endorsement or visa on his passport, knowingly makes any false statement or produces any document which is to his knowledge false in any particular shall be guilty of an offence and shall, on conviction, be liable to a find not exceeding RM$10,000 or to imprisonment for a term not exceeding 5 years or to both.
In this case, Geena got a intention to obtain a fake passport for herself. Due to that, she offended the Passports Act 1966.
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