LAW 611

CRIMINAL PROCEDURE II
MARCH - OCTOBER 2021
GROUP ASSIGNMENT TWO

On 14 February 2021, Kofe was tried and convicted of an offence of retaining a stolen Patek Philippe
watch under section 411 of the Penal Code at Empire, Subang. He was sentenced to 3 months’
imprisonment. He appealed against his conviction and sentence. Pending hearing of his appeal on 1
June 2021, he was granted a stay of execution of his sentence.

On 13 May 2021, on information given by Mek, the estranged girlfriend of Kofe, police stopped Kofe at
Emporium, Shah Alam. A search of his person led to the recovery of:

i) a gold bracelet which Acik had reported was robbed from her on 10 May 2021 at Jalan Duta; and

ii) a Chopard watch which Kiki reported was robbed from him on 12 May 2021 at Jalan Raja.

Inspector Alfa, the Investigation Officer, decided to charge Kofe for possession of the stolen items on the
following charge:

That you on 13 May 2021 at about 5.00 p.m. at Emporium, Shah Alam, in the district of Shah Alam,
in the state of Selangor, had dishonestly retained stolen property to wit: a gold bracelet and a
Chopard watch, which you knew or had reason to believe to be stolen and you have thereby
committed an offence punishable under section 411 of the Penal Code.

Kofe was then released on bail. On being charged on 25 May 2021, Kofe pleaded guilty. In sentencing
him, Neptune stated:

I cannot consider leniency even though you have pleaded guilty since you have a previous
conviction for causing hurt under section 323 of the Penal Code 8 years ago. Due to this, I sentence
you to the maximum punishment of 5 years imprisonment for dishonestly retaining the stolen gold
bracelet and the maximum term of 5 years’ imprisonment for dishonestly retaining the stolen
Chopard watch. The sentences are to run consecutively from the date of your arrest on 13 May
2021.

Kofe has since obtained a stay of execution of sentence. He now wished to lodge an appeal.

a) Assume you are the counsel for Kofe. Prepare Kofe’s Petition of Appeal.
(20 marks)

Pending hearing of this appeal, on 13 June 2021, Kofe enlisted the help of a friend, Tee to seek revenge
against Mek for giving the information which led to his arrest on 13 May 2021. Tee aged 26 years and a
former classmate of Kofe, has the following background.

He was at 24 years sentenced to 6 weeks’ imprisonment for cheating. In March 2021, he was
sentenced to 2 years’ imprisonment for an offence under section 409 of the Penal Code. He
escaped from prison in April 2021 and was on the “Wanted Person” list.

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Initially Tee refused to assist Kofe but under threat to inform the police of his whereabouts, Tee agreed.
For three consecutive days from 15 June 2021, they waited outside Mek’s house but did not sight her.
On 18 June 2021, Mek emerged with Amoi, her 13-year-old sister and Adik, her 7-year-old sister. As they
were walking to the bus stop, Kofe and Tee confronted them.

Fearing for her safety, Mek fled leaving Amoi and Adik. In anger at being thwarted by Mek successfully
fleeing, Kofe directed his anger at Mek’s sisters despite Tee trying to dissuade him. Slapping the sisters
to silence their cries,

i) Kofe fondled Adik’s private parts and took away her gold necklace; and

ii) Kofe then fondled Amoi’s bosom, in the process tearing away her blouse and bra.

Tee, who had initially distance himself, was aroused by the sight of Amoi’s bosom and giving way to
sudden lust, fondled first Adik’s private parts and then, Amoi’s bosom as well as removed her Fossil
watch. Kofe and Tee, however, were arrested by the security guards of the housing community hired to
keep watch on strangers intruding in the neighborhood to molest women which was so rampant.

They were charged on 20 June 2021 as follows:

i) Kofe for the outrage of Adik’s modesty, theft of Adik’s gold necklace and outrage of Amoi’s modesty;
and

ii) Tee for the outrage of Adik’s modesty, Amoi’s modesty and theft of her Fossil watch.

They pleaded guilty. Jupiter accepted their plea. Sentence was postponed to 12 July 2021. Tee was sent
back to prison. Kofe was remanded as bail was refused.

On 12 July 2021, counsel was asked to submit on sentence by Jupiter.

b) Assume you represented Tee. Submit a plea for leniency.

(15 marks)

After submissions, Jupiter sentenced Tee stating:

Even though you pleaded guilty, your previous convictions prevent me from being lenient. You are
sentenced to 3 years’ imprisonment for the offences against Amoi and 6 months’ imprisonment for
the offence against Adik. Sentence is to run concurrently and to commence from the date of arrest.

c) Did Jupiter pass sentence on Tee in accordance with sentencing principles?

(20 marks)

Jupiter also convicted and sentenced Kofe according to the law.

d) Assume you DPP Tom, the prosecuting officer. Submit a plea for aggravating sentence.
(15 marks)

e) Assume you are Jupiter. Pass sentence on Kofe. Give reasons for your sentence.
(30 marks)

END OF QUESTION PAPER

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 GUIDELINES FOR GROUP ASSIGNMENT
CRIMINAL PROCEDURE II (LAW 611)
MARCH - OCTOBER 2021

1. There will be TWO group assignments only. The marks allotted for each assignment is 30%. Both
assignments will make up the total 60% of the coursework.

2. Students are responsible to ensure the authenticity of their work. Copying from other students’
work or plagiarism in any kind will not be tolerated.

3. Each assignment must not be longer than ten (10) pages + 1 cover page = 11 pages.

4. Format of the assignment:

Font : Times Roman
Font size : 12
Line spacing : 1.5 lines

5. Submission dates:
Group Assignment One : 9 July 2021 (Friday) by 11.00 pm
Group Assignment Two : 22 July 2021 (Thursday) by 11.00 pm

6. All assignments must be submitted on the deadline stated above, according to the instruction that
will be notified by your respective lecturers.

Thank you. Have fun with your assignments.

Puan Mimi Sintia Mohd Bajury @ Mami

Cik Mazlifah Mansoor
Puan Siti Nuramani Abdul Manab