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Q&A sessions on legal issues, ask me *wink*, Criminal, civil, family, probate.... ALL
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SUSlowya
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 Mar 28 2017, 06:29 PM
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QUOTE(Baconateer @ Mar 22 2017, 04:14 PM) So only in Msia if you commit the same offence twice... only thn the double jeopardy is applicable? QUOTE 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. speaking of double jeopardy... Question: how legally Anwar get charged twice after acquitted from the first one, for the SAME case, after the first court session found him not guilty but guilty the second charge? QUOTE As long as no penetration, no rape. Can be charged under other offences though. how did they prove the sodomy (penetration) took place in Anwar case? This post has been edited by lowya: Mar 28 2017, 06:36 PM |
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SUSlowya
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Mar 28 2017, 06:39 PM
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QUOTE(Abam_Beruang @ Mar 28 2017, 02:33 PM) - Namun demikian laporan polis boleh dibuat untuk simpanan rekod sendiri dan sebagai bukti apabila kamu buat tuntutan sivil seterusnya. macamana laporan polis boleh dianggap sebagai bukti? |
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SUSlowya
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Mar 30 2017, 07:46 AM
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QUOTE(Abam_Beruang @ Mar 29 2017, 11:50 PM) Hmm... DSAI was charged twice for sodomy. If my old memory serves me right *cough*, both charges were under the same section. But it was two separate incidents. Hence there is no double jeopardy issue here. For your information, DSAI was acquitted for the first sodomy case in the Federal Court though. But in the second sodomy case, DSAI was convicted in Federal Court and sentenced to 5 years imprisonment. Can a prosecutor's client ('victim') statement alone used as a proof of 'separate incident' actually occurred without any CCTV footage or whatsoever? QUOTE(Abam_Beruang @ Mar 29 2017, 11:50 PM) For the second sodomy case where DSAI was convicted, the court considered a few issues. Despite the fact that the prosecution witnesses gave evidence that there were no conclusive clinical findings suggestive of penetration to the rectum and no significant defensive wound on the body of the victim, but traces of DNA found (sperm head) inside the victim's anus which matches with the DNA of DSAI.  The prosecution witness further explained that penetration could take place without any injury to the rectum. It could be due to lapse of time prior seeing the docs, or no undue force having been used, or KY Jelly yo. Macam itu lor 
Any sperm that remain inside quickly die and their decomposed remains exit during defecation. Google that. Why the ruling can even defy simple common sense and biology without any proof of penetration?
QUOTE Semen found but no proof of penetration http://www.malaysiakini.com/news/278957If you were to be DSAI's defense lawyer, how would you argue differently to win? |
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SUSlowya
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Mar 30 2017, 08:13 AM
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QUOTE DSAI was allegedly conducting "unnatural sex" with Munawar Anees (speechwriter) and Sukma Darmawan Sasmita Atmadja (adopted brother) in 1998.
Both "victims" plead guilty at the first place, then both recanted their confessions later, both claiming that they have been coerced for a confession
DSAI sentenced to 9 year of imprisonment on August 2000 (To be serve consecutively with a 6 years imprisonment due to corruption) this is like a triple jeopardy victim reverse role play or something? QUOTE(JunJun04035 @ Mar 30 2017, 08:01 AM) Saiful then swore on the Quran (that he had been fucked by DSAI) in some mosque with the presence of four imams. Oh really? I missed out the joke of the century. QUOTE On 7 March 2014, just before Kajang by election, the Court of Appeal overturned the acquittal of DSAI, upholding a government appeal. precision timing. This post has been edited by lowya: Mar 30 2017, 08:18 AM |
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SUSlowya
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Mar 30 2017, 10:26 AM
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double post
This post has been edited by lowya: Mar 30 2017, 10:27 AM
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SUSlowya
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Mar 31 2017, 03:24 PM
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Hi Abam_Beruang,
how can giving donation tax deductible?
is receiving donation tax free?
is it possible A donate to B, and then B donate back to A, such that both parties enjoy tax benefit?
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SUSlowya
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Apr 5 2017, 12:49 PM
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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
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SUSlowya
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Apr 12 2017, 04:31 PM
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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.
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SUSlowya
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Apr 24 2017, 02:45 PM
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when telco advertised unlimited and mislead public into thinking unlimited quota, whereas only giving unlimited speed but limited quota, what law have they broken?
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SUSlowya
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May 19 2017, 09:04 AM
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Dear Abam_Beruang,
with the advent of handphone camera, cctv and youtube, comes the concern on the right of filming/photography, so my questions is:
1. if we take photography/video of strangers on street for publication purpose, do we need their consent? would a simple verbal captured in video suffice, or written required? This question applies to filming a crowd vs film an individual, any difference does it make?
2. for the purpose of evidence gathering, is it legal for anyone to collect and publish photo/video evidence online without informing the other alleged party?
3. Is it legal to film enforcement officers on duty if we find them not doing the job right? if they demand we off camera (perhaps feeling guilty), what law/article/act permits us to do so? If they snatched our camera away in aggression, is there any crime the officer committed?
4. in the events if dispute/accident, is it legal to take photo/video without the person's (e.g. aggressor, verbal abuser, etc) consent with the purpose of publication? this is assuming the one filmed disagree to be filmed/published.
5. if someone come up to the videographer and demanded the footage to be erased, do you still have the right to retain it?
and suppose he make police report?
6. recently cctv footage of clear evidence of crime of robbery and rape went viral, but the police released the suspect without prosecuting them quoting no report has been made, are police supposed to work only if someone make a report? What about the victim is already dead or in exile fearing their live in danger?
if possible, stating which article/law that allow/disallow above would be very beneficial, thank you in advance for your contribution!
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SUSlowya
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Jun 14 2017, 04:16 PM
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QUOTE(Abam_Beruang @ Jun 14 2017, 04:03 PM)
3. They cant really demand you to off the camera. But its pretty much arguable whether what u doing might falls under obstructing them in discharge of their public duty which is an offence under s186 penal code.
5. You have the right to retain it. But its the contents of the photo/video that you should consider, its not the action of recording.
6. The police themselves can take action without someone making a report. Example: police can raid gambling dens without someone lodging report.
3. what article/law/penal code can we as citizen mention to law enforcing officers that allows freedom of filming officer in duty? in what way would filming to ensure proper procedure would be deemed as obstruction of duty? 5. again which article/law/penal code says we have the right to retain the footage without their permission? |
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