The document outlines the key requirements for criminal charges under Malaysian law. Charges must include:
1) The time and place of the alleged offense. While a specific date is not always necessary, the place must be specified.
2) Particulars of any persons or things involved in the offense. The scheduled drugs or items must be clearly identified.
3) A description of the nature of the offense, including reference to its legal name if it has one or the essential elements if it does not. Additional details may be needed to fully explain how the offense was committed.
4) The specific law and section the accused is alleged to have violated. Citing the wrong law can render the charge defective.
The document outlines the key requirements for criminal charges under Malaysian law. Charges must include:
1) The time and place of the alleged offense. While a specific date is not always necessary, the place must be specified.
2) Particulars of any persons or things involved in the offense. The scheduled drugs or items must be clearly identified.
3) A description of the nature of the offense, including reference to its legal name if it has one or the essential elements if it does not. Additional details may be needed to fully explain how the offense was committed.
4) The specific law and section the accused is alleged to have violated. Citing the wrong law can render the charge defective.
The document outlines the key requirements for criminal charges under Malaysian law. Charges must include:
1) The time and place of the alleged offense. While a specific date is not always necessary, the place must be specified.
2) Particulars of any persons or things involved in the offense. The scheduled drugs or items must be clearly identified.
3) A description of the nature of the offense, including reference to its legal name if it has one or the essential elements if it does not. Additional details may be needed to fully explain how the offense was committed.
4) The specific law and section the accused is alleged to have violated. Citing the wrong law can render the charge defective.
Purpose • Served as a notice to the offender of the matter accused , it must be clear and certain • Information to the court which is to try Particulars
• The particulars of the charge which are
important: – Time and place of the offence – Nature of the offence – Law against which the offence is alleged to have been committed Section 153 • Every charge shall contain time and place of the offence • Case: Dato’ Seri Anwar Ibrahim – A charge that does not spesify a date is not necessarily defective. • See also the case of Hussin bin Silit and Sanusi Mat Karto where there is no spesific time but there is spesific place Person or Thing • Charge shall contain particulars of the person, or a thing relating to the offence committed. • The thing that involved in the offence also must be clearly spesified. • Case: Tan Ann Chye – The court could not find the scheduled drugs called mixed heroin Nature of the offence • The nature of the offence must be stated in the charge. • If : – It has spesific name, it shall be described by that name. e.g: rape – It has no spesific name, the definition is necessary to fulfill the purpose must be included. E.g: it is necessary to include those essentials elements. If the words are material to the charge, omission of it would render it defective. Common gaming house / public place. – It has no spesific name and definition is insufficient, the particulars of the manner which the offence was committed is necessary • Description to the offence – There are two types of averment: • A reference to the elements or ingredients of the statutory offence. E.g: extortion • Particulars which are not ingredients but it has details of the crime • Section 154 requires the charge to contain particulars of the manner, section 152 and 153 do not give special notice. • It deals with the nature of the act rather than the act itself. E.g: cheating : it has to explain the deception done • Case: Muthiah Pillay • Illustration (b) Law and section • Section 154(2) : law and section against which the offence is said to have committed shall be mentioned in the charge. • It has to be the substantive punishment section not the definition section. (Rogayah bte Che Mat) • When there is error in quoting the law if the offence required to prove is set out in the charge, it is a curable provided there is no miscarriage of justice. • However, quoting wrong punishable section would render the charge defective. (Pang Neng Tiong: attempted robbery should be charged under section 397 not section 393 to be read together with section 511)