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Published by aiman, 2020-10-07 00:07:03

CLJ Planner 2021_contents (PDF)

CLJ Planner 2021_contents (PDF)

WEEK 2 JULY 2 0 2 1

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JULY 2 0 2 1 WEEK 5

MONDAY 26

Appointments LETITIA BOSMAN
__:__
__:__ 27 v.
__:__ PP (NO 2)
__:__
[2020] CLJ JT (8); [2020] 8 CLJ 252
TUESDAY
Abstract: In the case of drug trafficking, it is not
Appointments
__:__ imperative for the court to make a specific finding
__:__
__:__ as to whether an accused person has rebutted
__:__
28 the presumption of trafficking under s. 37(da) of
WEDNESDAY the Dangerous Drugs Act 1952 (DDA) where a

Appointments conviction is grounded on clear proof of mens rea
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__:__ possession and knowledge leading to the conclusion
__:__
__:__ that the accused person is trafficking dangerous

THURSDAY drugs within the definition of s. 2 of the DDA.

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AUGUST 2021 WEEK 1

MONDAY 2

Appointments BENJAMIN WILLIAM HAWKES
__:__ v.
__:__ PP
__:__
__:__ [2020] CLJ JT (9); [2020] 8 CLJ 267

TUESDAY 3 Abstract:

Appointments (1) There is no duty on the prosecution to deliver an
__:__ unclear CCTV footage to the defence that would be of no
__:__ assistance to the prosecution’s case, and which had not
__:__ been intended to be part of the prosecution’s exhibits
__:__ or evidence before the commencement of trial under
s. 51A(1)(b) of the Criminal Procedure Code. The failure
WEDNESDAY of the prosecution to disclose the CCTV footage will
not cause irreparable prejudice to the accused or deny
Appointments
__:__ 4 the accused his right to a fair trial when there is no
__:__
__:__ exculpatory and material evidences favourable to the
__:__ defence that is withheld or suppressed by the prosecution
in the CCTV footage.
THURSDAY
(2) A liberal interpretation of the word ‘shall’ in s. 51A of
Appointments the Criminal Procedure Code should be applied so as not
__:__ to curtail the administration of justice in the manner of a
__:__ case to be carried out. A rigid interpretation may result
__:__
__:__ 5 in a trial being vitiated and result in a guilty person being

FRIDAY set free where there is non-compliance.

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WEEK 2 AUGUST 2021

MONDAY 9 Look out for
Awal Muharram 10 CLJ’s
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__:__ Malaysia Day
__:__ High Court Roadshow
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SEPTEMBER 2021 WEEK 1

MONDAY JORGE CRESPO GOMEZ
v.
Appointments
__:__ PP
__:__ [2020] CLJ JT (10); [2020] 8 CLJ 292
__:__
__:__ Abstract: It is imperative that a trial judge in a

TUESDAY drug trafficking case makes an election as to the

Appointments presumption that he is relying on under the
__:__
__:__ 1 Dangerous Drugs Act 1952 as the accused has
__:__ to rebut the presumption on a balance of
__:__
probabilities. Failure to do so would place too
WEDNESDAY
heavy a burden on the accused in having to rebut
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__:__
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OCTOBER 2021 WEEK 1

MONDAY PUBALAN PEREMAL
v.
Appointments
__:__ PP
__:__ [2020] CLJ JT (11); [2020] 8 CLJ 306
__:__
__:__ Abstract: In cases of personal violence resulting in
death it is necessary for the trial judge to direct his
TUESDAY mind on the degree of mens rea in the mind of the
accused as the distinction between intention and
Appointments knowledge under Sections 299 and 300 of the
__:__ Penal Code, on culpable homicide and murder
__:__ respectively, are very technical. If, after a thorough
__:__ evaluation of the evidence before him, a trial judge
__:__ finds that the offence committed by an accused is
not murder but one of culpable homicide, the next
WEDNESDAY step would be to determine whether the accused
ought to be convicted for culpable homicide under
Appointments the first or second part of s. 304 of the Penal Code.
__:__ Where there is no evidence on the nature of the
__:__ injuries and its likely and natural effects, then the
__:__ offence of which the accused should be convicted
__:__ of is culpable homicide for causing such bodily
injury as is likely to cause death under limb (a) of s.
THURSDAY 304 of the Penal Code and not murder.

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MONDAY 18

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(BLANK PAGE)

NOVEMBER 2021 WEEK 1

MONDAY 1

Appointments 2 PP
__:__ 3 v.
__:__ Deepavali 4
__:__ 5 DATO’ SRI MOHD NAJIB
__:__ 6 HJ ABD RAZAK
7
TUESDAY [2020] CLJ JT (12); [2020] 8 CLJ 319

Appointments Abstract: In a charge against a public officer for using
__:__ his office or position for gratification under s. 23(1) of the
__:__ Malaysian Anti-Corruption Commission Act 2009, the
__:__ fact that the alleged gratification had only materialised
__:__ long after the corrupt act will not have any adverse
consequence on the prosecution’s case, and offers no
WEDNESDAY basis for the argument that such gratification cannot
amount to "gratification" as spoken of or intended by the
Appointments subsection. Hence, where the sitting Prime Minister and
__:__ Minister of Finance of the country is accused under s.
__:__ 23(1) of participating in a Cabinet decision to provide a
__:__ guarantee to a Government-linked company in which he
__:__ has an interest for a loan taken by the latter, and the
monetary gratification was remitted by the company to
THURSDAY the Prime Minister’s bank accounts some three years
later, the time lapse is patently inconsequential to the
Appointments finding of corrupt practice on the accused’s part; it must
__:__ be so as the law considers the sequence of events that
__:__ transpired between the decision and the sight or
__:__ appearance of gratification as a single transaction.
__:__
The issue of corruptly receiving gratification under s.
FRIDAY 23(1) aside, the fact that the accused, as Prime Minister
and Minister of Finance, was having an overarching
Appointments control and authority over the company can only mean
__:__ that he is for all intents and purposes a director and
__:__ shadow director of the company, and thus "entrusted
__:__ with dominion" over the property of the company. What
__:__ may spring forth from this is that, in so accepting
the gratification, and subsequently utilising the same
SATURDAY for his own benefit, the Prime Minister could have
misappropriated or converted the company’s property,
Appointments and be also guilty of criminal breach of trust under
__:__ s. 409 of the Penal code. Indeed, having received the
__:__ gratification, and upon proof of the commission of the
__:__ offences under s. 23(1) and s. 409, a further offence of
__:__ money laundering under s. 4(1) of the Anti-Money
Laundering, Anti-Terrorism Financing and Proceeds
SUNDAY of Unlawful Activities Act 2001 could equally have
materialised if the prosecution could additionally prove,
Appointments firstly, that the gratification received were proceeds of
__:__ an unlawful activity, and secondly that the accused
__:__ knew or ought to have known the (unlawful) source of
__:__ the funds.
__:__

WEEK 2 NOVEMBER 2021

MONDAY 8

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MONDAY 29

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NOVEMBER
(BLANK PAGE)

DECEMBER 2021 WEEK 1

MONDAY TAN SRI MUSA HJ AMAN
v.
Appointments
__:__ TUN DATUK SERI PANGLIMA
__:__ HJ JUHAR HJ MAHIRUDDIN &
__:__ ANOR AND ANOTHER APPLICATION
__:__ [2020] CLJ JT (13); [2020] 9 CLJ 44

TUESDAY The application for leave to challenge the validity

Appointments of the appointment of the Chief Minister of Sabah
__:__
__:__ ought to be allowed as the questions of law posed
__:__
__:__ 1 were of great constitutional effect and should be
resolved in order to give certainty to the law. The
WEDNESDAY
applicant too had fulfilled the threshold as
Appointments
__:__ provided under s. 96 of the Courts of Judicature Act
__:__
__:__ 1964. The dissolution of the State Legislative
__:__
Assembly, likewise, had not rendered the issue
THURSDAY
sought to be resolved and determined by the apex
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WEEK 2 DECEMBER 2021

MONDAY 6

Appointments Look out for
__:__ CLJ’s
__:__
__:__ 7 YEAR END
__:__ SALE

TUESDAY 8

Appointments Scan this QR Code to purchase
__:__
__:__ 9
__:__
__:__ Stock Clearance

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__:__
__:__

FRIDAY

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__:__
__:__
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SATURDAY

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SUNDAY

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__:__
__:__
__:__
__:__

WEEK 4 DECEMBER 2021

MONDAY 20

Appointments 21
__:__
__:__ 22
__:__
__:__ 23 Done

TUESDAY TO DO LIST:
24
Appointments
__:__ Task
__:__
__:__ Christmas Day 25
__:__
26
WEDNESDAY

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__:__
__:__
__:__
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THURSDAY

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__:__
__:__
__:__

FRIDAY

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SATURDAY

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SUNDAY

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__:__
__:__
__:__
__:__

DECEMBER 2021 WEEK 5

MONDAY 27

Appointments 28
__:__
__:__ CLJ
__:__ ADVERT/
__:__ QR CODE/
29 PROMO
TUESDAY
30 Done
Appointments
__:__ TO DO LIST:
__:__ 31
__:__
__:__ Task

WEDNESDAY

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__:__
__:__
__:__
__:__

THURSDAY

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__:__
__:__
__:__
__:__

FRIDAY

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__:__
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SATURDAY

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__:__
__:__
__:__

SUNDAY

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__:__
__:__
__:__
__:__

DECEMBER
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