What Do You Think?

Case 1:

When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.

1. Is Ryan liable under civil or criminal law?

Ryan is liable under criminal law. Based on Wikipedia, criminal law, or penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply.

Ryan is liable under Road Transport Act 1987, Section 42 - Reckless & Dangerous Driving. Under this section, it is stated that:

"Any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both."

Ryan was driving recklessly as he did not use hands-free device while talking to his wife using mobile phone. He should realise that using mobile phone without hands-free device will distract his attention on the road and at the end, he lost control over his car and knocked a pedestrian.

Criminal law is implemented to preserve the order in the community by punishing. Ryan is liable under criminal law as he, the offender, will be presecuted by a prosecutor in the criminal law and he may be convicted if he is guilty and acquitted if he is innocent.

2. What should the pedestrian do to recover his injuries/loss?

Before the pedestrian, who is a victim in the accident, can claim a compensation, he needs to go to the court and prove that he is innocent (which means he did not contribute to the accident), the other party (in this case, it refers to Ryan) is guilty and Ryan was negligent in his conduct and did not exercise reasonable care.

3. Should this case go to the court, what will be Ryan's right?

Ryan can hire a lawyer and plead not guilty.


Case 2:

Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.

It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.

1. Determine Geena's liability: civil or criminal?

Geena is liable for civil law and criminal law. Civil law is the body of laws established by a state or nation for its own regulation. The disputes created were among her and the victims of the unregistered online investment portal. On the other hand, by holding a fake passport and committing computer crimes, Geena has offended the criminal law.

2. What law(s) and statutes you think Geena has violated?

Under civil law, Geena has violated the Consumer Protection Act 1999 under Section 16 (a). Under this section, it stated that "no person shall demand for or accept, any payment or other consideration for goods or services, if at the time of the demand or acceptance that person does not intend to supply the goods or services." With her unregisted online investment portal, Geena is receiving deposits from the public but did not offer any investment services for the investors.

As for criminal law, Geena is liable under Passports Act 1966, which stated "any person who forges, alters or tampers with his passport or internal travel document, or any visa or endorsement thereon, or without lawful authority uses or attempts to use, or has in his possession, any passport or internal travel document which has been so forged, altered or tampered with shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM $10,000 or to imprisonment for a term not exceeding 5 years or to both." Geena has violated this act and was arrested in the airport by immigration officers because she held a fake passport.

Also, Geena has violated the Computer Crimes Act 1997 under Section 4(1)(a) - A person shall be guilty of an offence under this section if he commits an offence referred to in section 3 with intent to commit an offence involving fraud or dishonesty or which causes injury as defined in the Penal Code [Act 574]. Geena has used computer technology to create a fraud that deceiving people to deposit money to her unregistered online investment portal.