Mindblown

but Abam Beruang got plenty of other issues to reply.

This post has been edited by Abam_Beruang: Apr 2 2017, 09:40 AM

Hi abam beruang.

A fren of mine divorced her husband who is still in jail, n currently having the custody of her young child.

She is worried about her husband trying to get the child's custody after he's released.

Any advise u can giv on how she can increase her chance of winning in case her ex husband decide to take this issue to court in the future?

Do you know anything on aussie labor law?

Since the court given your friend the custody of her child, she should not worry about her ex husband so much. Not unless her ex husband come forward ask the court for custody of their children.

The law also presumes that their children under the age of 7 to be with his/her mother.

The law also states that the court's paramount consideration should be the wishes of the parents and wishes of the children (Above age of 7). So if the parents are contesting the custodial of the child, the court will consider the children's wishes as well.

The Court will also consider other factors such as earnings of the parents, living environment and other factors that affect the child well being. Given that your friend's ex husband is in jail, that will be factor which the court will consider and tilt towards your friend's side.

In short the court will consider the wishes of parents, children and other factors (If not so straightforward case).

Aussie law? that would be beyond my knowledge.

i want to know why criminals jail time are to run concurrently?

each of his crime adds a scar to their victims, and yet he get all punishment run in 1 go.

for example, he get 5 years for this, and another 5 years for that. total 10, but he just need to be jailed for 5 years in reality.

apa logic

1) How do I file for restraining order in Malaysia.
Usually what kind of 'restrain' is applicable?

2) How much does it generally cost to engage lawyer to pursue defamation case? Lets say my business defamed by particular individual in social media

Abam_Beruang firstly how and why a court's decision could overturn another court's decision in the same country? secondly, what about international court decision over our own one?

This post has been edited by lowya: Apr 5 2017, 12:50 PM

Company haven't pay salary for 3 months. Reported to labour department also no action from them. . Company only pay 1 or 2 month but then repeat not to pay again up to 3 months. EPF also pending more than 3 months. Report to EPF also no concrete punishment to the company. What else can be done?

of kos u can sue him/her. But the court will strike out ur case and throw the file onto ur not so beutiful face for wasting court time. at the same time court will slap u with cost to be paid to defendant, B.

Court has the discretion in deciding whether the jail terms to run concurrently or consecutively.

Normally they will consider a few factors to guide them, whether it is a one transaction, whether such offences are distinct offences, and to look at the sentencing in totality (whether it is excessive).

If John was convicted for 2 drug offences, one packet of drugs found inside his pocket, and another one inside his car on the same day. Normally in such circumstances, it will run concurrently.

If John robbed a lady and subsequently raped her, it is a two separate offence though it was committed in a single transaction, then it is likely that it will run consecutively.

Anyway those are guiding factors only.

but i see many cases of rape, dif date dif place dif time, all add up would exceed 100 years, but was given to run concurrently. damage done to victim adds up one by one, while rapist gets to go through it all one time only

like i said earlier, guiding factors only.

In the end, the court has the discretion in deciding whether to run concurrently or consecutively. Besides, not all cases have the same set of facts.

Example - concurrently

Example - consecutively

How and why a court's decision can be overturned by another court's decision in the same country?

This is a huge topic in law, which we call the principle of "judicial precedent". In short, judicial precedent means that a previous decision by the court on the same issue should be followed by a subsequent court. To be more specific, it is the principle or reasoning in the case should be followed by the subsequent court, not the decision itself.

You would also need to understand the court structure in Malaysia. Basically the court structure is as follows:

FEDERAL COURT (Highest authority)
COURT OF APPEAL
HIGH COURT
SESSIONS COURT
MAGISTRATES COURT

Cases will start either at Magistrate Court, Sessions Court, OR High Court depending on the nature of the case and the quantum involved. Each case can appeal 2 times. For example, if case start at sessions court, can appeal one time to High Court and last appeal from High Court to Court of Appeal, that's the end of the matter.

So how can a decision be overturned? Higher court can always reverse the lower court's decision on grounds that there is error in the decision/reasoning. Take an example, if in Sessions Court A win the case against B, when B appeal to High Court, High Court can reverse or the Sessions Court decision if the High Court find that the decision of the Sessions Court was erroneous. This is what we call "reverse" of decision.

A decision can also be "overruled". For example in the ABC case, the High Court held that A should win because of XXX principle. If a later case (different case) goes up to Federal Court, Federal Court feel that the XXX principle is wrong, they can overrule the case to held that the XXX principle was wrong.

The subsequent court can also "distinguish" a case and not following the principle of a previous case. Example, in ABC case the High Court used the XXX principle. Subsequently, in DEF case (a different case), the High Court can distinguish and not apply XXX principle because the facts of ABC case is different from DEF case and the XXX principle is not applicable. That is "distinguishing" the case.


What about international court decision over our own one?

In this context, overseas court decision, especially from UK and other commonwealth countries, there are not binding on Malaysia court. They are merely "persuasive".

If you are referring to conflict of law, that's another whole different topic.


*Note: This does not apply to international dispute such as territorial disputes between countries, in those cases, international court of justice will determine based on international law.

thank you Abam_Beruang, this is one of the most constructive and helpful thread here in forum, wish other professionals would follow Abam_Beruang for other topic of interest too.

My friend just finished her chambering and was offered a job at RM3.5k a month.

Is that being underpaid?

not bad i guess. enough to belanja Abam Beruang minum kopi in kopitiam

Hi abam beruang

I wanna ask about company p&c n whistleblowing

I came across some unethical biz method of my company
My contract mentioned I can't reveal the company info
Can I viral what I know to social media?

Beruang,

Is RM50,000.00 reasonable as fees just to do an appeal at the after a full trial at the high court? The matter involves goods sold and delivered and I am thinking that the high court judge screwed up when he decided that my delivery orders although had signatures accepting delivery but because there was no company chop, the defendant was not liable.

Thanks in advance.

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