Understanding Criminal Offenses in the Legal System
Explore the intricacies of criminal offenses such as house-breaking, criminal misappropriation, breach of trust, and cheating under the Penal Code through a series of detailed mind maps and key case studies by legal experts. Gain insights into essential elements, intents, and legislative purposes behind these offenses.
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Presentation Transcript
Seminar 3 Mindmap House-breaking See amended s442 PC. Legislative purpose of s442 to address any intrusions, regardless of degree. Read Nur Jihad Rosli Fulfill s441 PC Criminal Trespass. Requisite intent from surrounding circumstances. House-breaking Entry of any part of the building by any part of the accused or an object held by the accused. Read Nur Jihad Rosli
Seminar 3 Mindmap Criminal Misappropriation Innocent possession not a requisite element of s403 PC. The crux is on whether accused is dishonest at the time he misappropriates or converts the property to his own use and not at the time that he first came into possession of it. Whether accused was innocent, neutral or dishonest at the time of initial possession is irrelevant. Read Shaikh Farid. Read Ho Man Yuk. Dishonestly by act with intention to cause wrongful gain or wrongful loss or act is dishonest by ordinary standards of reasonable and honest persons and A knows that act is dishonest. See s24 PC See amended s403 PC. Criminal Misappropriation Essential elements include movable property, accused person misappropriated or converted to his own use and accused person, not being entitled to immediate and exclusive possession of such property, possessed a dishonest intent at the time of such misappropriation or conversion. Read Ho Man Yuk
Seminar 3 Mindmap Criminal Breach of Trust Dishonestly by act with intention to cause wrongful gain or wrongful loss or act is dishonest by ordinary standards of reasonable and honest persons and A knows that act is dishonest. See s24 PC. Read Chong Kum Heng Expansion of capacities. Read Lam Leng Hung and amended s409 PC See amended s405 PC. Read Raj Kumar Criminal Breach of Trust Property must be entrusted to accused or he had dominion over the property. Accused has possession or control of the property. Property includes virtual currency. See s 22 PC
Seminar 3 Mindmap Cheating Dishonestly by act with intention to cause wrongful gain or wrongful loss or act is dishonest by ordinary standards of reasonable and honest persons and A knows that act is dishonest. See s24 PC Elements of the offence. Deception, Dishonesty, Inducement, delivery of any property to any person. See amended s415 and s420 PC. Read Leck Kim Koon. See amended s415 PC. Cheating Fraudulently if accused does an act with intent to deceive another and due to such deception, an advantage accrued by accused or detriment on victim or another person. See s 25 PC See new s420A PC.
