im doing my bachelor of legal studies now and i..
ok2.saye skg dah masok sem 4 and one of my courses sem ni adlh Mooting.tau kan kan3...
kami diberi satu case..2 org akn jd respondent n 2 org lg appellant. kes saye dpt ttg dadah..ha nk tgk fakta kes tu?mari bace..
Inspector Gandalf, The head of Narcotic Dpt received a report pertaining to the existence of illegal transaction of prohibited drugs infront of giant market. He then decided to conduct investigation.
on 12 October 2010 at 12 pm, he (inspector Gandalf) with the other two constable disguised themselves in civilian clothes. They sat at a Mamak Stall located approximately about 20 feet from the Giant supermarket. They observed a man in his early 20's who was wearing a pink shirt on two different occasion take a tiny yellow plastic bag out of his mouth and hand it over to another person in his early 40's who was wearing a long trench coat. The man in the long trench coat was approached by another man. After a brief discussion the man in the long trench coat passed the bag to the other man in exchange for money. Inspector Gandalf and the two constable believed that the bag contained drugs.They proceed to apprehend the man in the pink shirt. The man who was wearing the trench coat managed to run away. noticing the appearance of the police the man in the pink shirt quickly swallowed the entire consignment of tiny plastic bag.
upon inspection inspector gandalf failed to find any drugs on the man in the pink shirt!
futher inquiries revealed that the man is known as Harry Botter. In order not to hamper investigation inspector gandalf sought an order to trigger the vomitting of the bags.
after the order was granted he brought Harry Botter to the local hospital and ordered doc Ronny to administer a substance known as Emetic to Harry Botter to hasten the vomitting. Doc Ronny questioned harry botter about his medical history before performing the procedure. Harry Botter merely shrugged his shoulders and informed Dr Ron that he has never been hospitalized before performing the procedure. He refused to take to take the substance. Doc Ron had to force him to swallow the substance while Inspector Gandalf and the other Constable held him. As a result Harry Botter vomitted two small plastic bags containing 30 grams of Opium. Later Doc Ron inspected him and declared that he is fit for detention.
During investigation, Harry Botter claim that he did not know the exact content of the plastic bags. The bag belong to a man known as Mr.Inferno. Mr Inferno forced him to keep the bags inside his mouth. He would hand over the bags to mr Inferno whenever he was instructed to do so. he also claimed that he accidentally swallowed the plastic bags due to the sudden appearance of inspector gandalf and the oher two constable.
After one week,Harry Botter complained of suffering a continuos stomach pain. he was diagnosed with irritation in the lower area of aesophagus due to the reflux of gasric acid. However the medical report did not indicate the exact cause of his stomach pain and whether it was related to the procedure performed on him by Doc Ronny.
on 1 dec 2010, Harry Botter was charged under sectioj 39B of Dangerous Drus Act. The High Court found that Harry Botter was not guilty.
i need to prove the procedure performed on the accused was NOT an unreasonable. The mr Justice claimed the evidence obtained due to the vomitting of the plastic bag is not admissible.
the procedure performed on the accused is necessary. well, it can be said to prevent a possibly life threatening intoxication right? so, there is no violation of the physical integrity of the accused and the right not to incriminate himself.
wargh...actualy blm discuss lg dgn my partner.this friday and saturday kami akn discuss..kami perlu htr submission then ready la utk 'perbicaraan'..?? erk.wateva la.nyte!