NUR AIN YASMIN BINTI HASAN GHAFUR [296050] ULUP1013

Class Activity 26.12.22

Question: Determine which court would have jurisdiction to hear the following cases. Support
your answer with relevant legal provisions.

1. Ahmad been caught for an offence of robbery under section 392 of the Penal Code.

Magistrate court. 1ST class offence – Offence of robbery Section 392 (robbery) and section
457 of the Penal Code. The first - class magistrates have the authority to try all offences for
which maximum term of imprisonment provided by law does not exceed ten years
imprisonment or which are punishable with fine only and offences under section 392
(robbery) and section 457 of the Penal Code (lurking, house trespass or breaking by night).
When Ahmad is found guilty, the magistrate may pass any sentence allowed by law not
exceeding five years imprisonment, a fine of RM10 000, whipping of up to 12 strokes and a
combination of any of the above mentioned.

2. Satiya who has been punished with death penalty for an offence of murder did not satisfy
with the High Court decision.
Court of appeal. Under section 50 (1) of the Court of Judicature Act (CJA), the CoA may
hear and determine any criminal appeal against any decision made by High Court in the
exercise of its original jurisdiction and appellate or revisionary jurisdiction in respect of any
criminal matters decided by the Session Court. Section 50(4) of the Court of Judicature Act
(CJA) state that an appeal may lie on a question of fact, a question of law or both.

3. Siti wish to apply for letter of administration to administer the property of her deceased’s
husband.
High court. In section 24 the civil jurisdiction of the High Court shall include jurisdiction
under any written law relating to divorce. The High Court shall have jurisdiction over her
application as it has been mentioned that High Court has specific jurisdiction regarding the
appointment and control of guardians of infants and over the person and property of infants.
 Siti can apply for a letter of administration to administer the property of her deceased
husband to the High Court.

4. Amir wishes to seek claim of damages amounted to RM20,000.00 from Azrul who failed to
complete the catering contract during his wedding ceremony.
Magistrate court. 2ST class magistrate – Civil Jurisdiction Section 88 (failed to complete the
catering contact). The second - class magistrates have the authority to try all offences for
which maximum term of imprisonment provided by law does not exceed twelve months
imprisonment of either description or which are punishable with fine under section 88 (failed
to complete the catering contact). When Azrul is found guilty, the magistrate may pass any
sentence allowed by law not exceeding six months imprisonment, a fine of not more than
RM100 000, and any sentence combining of the sentences above.

5. A dispute has arisen between the federal government and the government of state of Perak
regarding the problem of agriculture in that state.
Federal court. Federal court has jurisdiction to hear a dispute over agriculture in Perak that arises
between the federal government and the government of the state of Perak Article 128 (1) of the
Federal Constitution states that the Federal Court has exclusive jurisdiction to decide disputes on
any question between the States and the federation or vice versa. In this situation, Federal Court
has jurisdiction to resolve the dispute between the federal government and the government of the
state of Perak as mentioned in Article 128 (1) of Federal Constitution. The disputes can be heard
and resolved in the Federal Court because they fall under its jurisdiction.

6. A fifteen year old boy was caught by police for shoplifting.

Court for children. A child is a person below the age of 18 in Section 2 of Child Act 2001
defines child as a person under the age 18 years and in relation to criminal proceedings means a
person who has attained the age of criminal responsibility as prescribed in Section 82 Penal
Code. The person who can attend Child Act in Section 12 (3) are the members and officers of
court, children, parents, guardian and witness and such other responsible person determined by
court. In Section 11 (5) Child Act are try all offences expect those punishable with death. Also,
in Section 91 (1) Child Act purpose of the punishment are to rehabilitate the child not to inflict
pain.

7. Madam Ho filed an action for divorce against her husband, Mr Young on the ground that she
had been severely battered by him.
High court. In section 24 the civil jurisdiction of the High Court shall include jurisdiction under
any written law relating to divorce. The High Court shall have jurisdiction to try all offences
committed within its local jurisdiction. If Mr Young wilfully neglects order of court or
maintenance, court may warrant each breach to be levied as fines imposed by law or sentences
him to imprisonment for a term of one month for each month remaining unpaid amount.

8. A chief executive officer filed RM500,000.00 suits against Radio Television Mesra over an
alleged defamatory broadcast.
Session court. In section 65 Session Court Acts shall have jurisdiction to try all other actions and
suits of a civil nature where the amount in dispute or the value of the subject matter does not
exceed RM1 000 000 and jurisdiction to try all actions and suits of a civil nature for specific
performance or rescission of contracts or for cancellation or rectification of instruments.

9. YDPA wishes to get judicial opinion.

Federal court. According to the Advisory Article 130 Federal Court, the YDPA may refer to the
Federal Court for its opinion any question as to the effect of any provision of this Constitution
which has arisen or appears to him likely to arise and the Federal Court shall pronounce in open
court its opinion on any question so referred to it. A session court shall have jurisdiction to try all
offences other than offences punishable with death in section 63 Session Court Acts.

10. Ali involved in a motor vehicle accident and wishes to claim for compensation.
Session court. In section 65 Session Court Acts shall have unlimited jurisdiction to try all actions
and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress,
jurisdiction to try all other actions and suits of a civil nature where the amount in dispute or the
value of the subject matter does not exceed RM1 000 000.