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 Q&A sessions on legal issues, ask me *wink*, Criminal, civil, family, probate.... ALL

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Baconateer
post Mar 22 2017, 03:59 PM

Meh..... (TM)
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About that guy that just returned from canada after spending his time in jail for raping..

If he rape again in Malaysia..can he be charge again?
Baconateer
post Mar 22 2017, 04:04 PM

Meh..... (TM)
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QUOTE(Abam_Beruang @ Mar 22 2017, 04:03 PM)
Assuming he rapes again in Malaysia, YES, of course.  biggrin.gif
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so double jeopardy doesnt apply to him?
Baconateer
post Mar 22 2017, 04:14 PM

Meh..... (TM)
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QUOTE(Abam_Beruang @ Mar 22 2017, 04:12 PM)
There is no issue of double jeorpady, if he commits another rape offence in Malaysia, that is a NEW offence.
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So only in Msia if you commit the same offence twice... only thn the double jeopardy is applicable?
Baconateer
post Mar 22 2017, 04:23 PM

Meh..... (TM)
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QUOTE(Abam_Beruang @ Mar 22 2017, 04:21 PM)
for the sake of clarification, double jeopardy is a defence that prevents an accused person from being tried again on the SAME CHARGES and on the SAME FACTS after being tried and adjudged. Example, he committed rape of A on 1.1.2017 and found guilty by court. You cannot charge him again for rape of A on 1.1.2017.

Your earlier question was "If he rape again in Malaysia..can he be charge again?", this means he is committing another fresh offence in Malaysia. In this case, he will be charged for this NEW offence. There is no issue of double jeopardy.

In your question, "in Msia if you commit the same offence twice...", you will be charged with TWO offences. No issue of double jeopardy as well.
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i see..thanks for the clarification..

 

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