UNIVERSITY OF READING MALAYSIA - ANNUAL READING

MALAYSIA (ARMA) MOOTING COMPETITION 2024

CLARIFICATIONS
No. Questions Clarifications
1 Whether the ground of appeal is Mooter should examine the queries
regarding establishing a rape charge presented to them and conduct
under Penal Code section 376? independent research to address
them effectively.
2 Whether the punishment is humane to Mooter should do their own research.
Appellant and the rape charge is
already established?

3 Pursuant to Paragraph 9 and 10 of the Please refer to Version 2 of the Moot

Moot Question, the points raised in Problem Question.
both the conviction and appeal appear
to be of a criminal nature. This is not
parallel to the parties stated in Page 1
of the Moot Question which does not
list the Public Prosecutor in the
proceedings of this appeal; but appears
to be of appeal of a civil or private
nature. Please advise.

4 Notwithstanding Segment 1, Point 1 of Please refer to Version 2 of the Moot

the instant document, pursuant to Problem Question.
Paragraph 10 of the Moot Question, the
appeal is made by Mr. Nathan wherein
he was stated to have been dissatisfied
with the sentences. This is not parallel
to Page 1 of the Moot Question listing
Nathan Jason Loh (presumed to be Mr.
Nathan) as the Respondent. Please
advise.

5 Pursuant to the Statement of Facts of Mooters are to follow the facts as

the Moot Question as a whole, we seek included in the moot problem. Points of
clarification on whether the facts as a law raised is to be mooted.
whole as stated in the Moot Problem is
only agreed by both parties to be
accurate and accepted or are these
undisputed findings of the Court of
First Instance only. Please advise.

6 Pursuant to Paragraph 9 of the Moot Mooters to research on sentencing

Question, the wording “concurrent” is periods.
not parallel to the calculation of 25
years indicating the nature of the
sentences to be served consecutively.
Please advise.
UNIVERSITY OF READING MALAYSIA - ANNUAL READING
MALAYSIA (ARMA) MOOTING COMPETITION 2024
7 Notwithstanding Segment 2, Point 2 of Mooters to research on sentencing
the instant document, pursuant to the periods.
same Paragraph, supra, the wordings
“for each charge” added after the
wordings “with 25 years imprisonment
and 5 strokes of whipping”. This is not
parallel with the sentences meted in
Paragraph 9 (a) and 9(b) of the Moot
Question. Please advise.

8 Pursuant to Paragraph 10 of the Moot To be mooted.

Question, the wordings "on the grounds
that his charge is overly excessive" is
observed to form part of the grounds of
appeal for this Moot Question. This is
not parallel with the lack of such
grounds being made out in both
Paragraph 10 (a) and 10 (b) of the Moot
Question. Please advise.

9 Pursuant to Paragraph 10 (a) of the Please refer to paragraph 5 and 7.

Moot Question, we seek clarification
on which description of the
circumstances as described statutorily
in s. 375 of the Penal Code forms the
ground of the conviction of rape by the
Johor Bahru Sessions Court for
Nathan’s first count of rape. This is
needed to form the ground of appeal
which stems from the decision of the
Sessions Court. Please advise.

10 Pursuant to Paragraph 10 (b) of the Mooters to do their own research.

Moot Question, the construction of the
grounds of appeal is on the issue of
retrospective effect of the charge. This
is not parallel with our observance of a
lack of any amendment(s) made to s.
376 (1) of the Penal Code. Please
advise.

11 If its permissible for the team members Yes. The team members can take part as
serving as oralists to differ between the oralist as the team sees fit.
Appellant and Respondent roles.
UNIVERSITY OF READING MALAYSIA - ANNUAL READING
MALAYSIA (ARMA) MOOTING COMPETITION 2024
12 Is there a more specific on which Please refer to paragraph 9 and 10.
subsection to which Mr Nathan is
convicted under? As section 375 has
various subsections. Most notably,
subsection (a)-(h).

13. We require clarification for the issues The latter.

as it is unclear whether the appellant
wants to discharge the case or to lower
the sentence.

14. Refer para 9 of the moot problem. If the Refer to question 6 & 7
term would be served concurrently, the
defendant would serve 15 years and 3
strokes of whipping. Please clarify.

15. The inquiry revolves around whether, Refer to moot problem. Age of Stacy is
given that Stacy is over 16 years old, provided in moot problem and case
the cases to be referenced should reference should be in line with this.
involve victims under 16, or if standard
rape cases are applicable for
argumentation.