Question
Abu, aged 20, Ah Chong, 19, and Muthu, 17, conspired to commit an armed robbery in Penghulu Asad's house in Kampung Baru. At around 3:00
Abu, aged 20, Ah Chong, 19, and Muthu, 17, conspired to commit an armed robbery in Penghulu Asad's house in Kampung Baru. At around 3:00 o'clock in the morning, they forcibly entered Penghulu Asad 's house. Holding Penghulu Asad at gun point, Abu forced Penghulu Asad to hand over all of his money and valuables. Penghulu Asad resisted and in the course of stopping him from fighting and screaming, Muthu strangled him to death. Ah Chong also tried to rape Penghulu Asad's daughter, Haifaa, aged 15 but she managed to escape. The robbers were arrested a week later, on Muthu's eighteenth birthday. Based on the above facts, answer the following questions. a) Identify the relevant court/courts that will hear the case. Explain the composition, jurisdiction and sentencing power of the court/courts. (8 markah / marks) b) Abu, Ah Chong and Muthu were eventually convicted by the trial court. They decided to appeal. State the court which has jurisdiction to hear the appeal and explain the jurisdiction and composition of the court. (6 markah / marks) c) Abu is a member of a royal family in Malaysia. He wishes to know whether he could be tried in the Special Court. Explain to him the reasons for the setting up of the Special Court, its constitution and jurisdiction. (6 markah / marks)
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