POSTGRADUATE PRACTICAL LAW COURSE 2000 CRIMINAL PROCEDURE PAPER WEDNESDAY, 29 NOVEMBER 2.000 10.00 AM~- 1.00 pm GENERAL INSTRUCTIONS TO CANDIDATES A. The Board of Legal Education Postgraduate Practical Law Course Examination Rules 2000 shall apply. On your answer booklet, = write your PLC number only (not pour name); - for “Paper”, write “Criminal Procedure”; and - for “Section”, write “NA”. Answer FOUR (4) questions in total. Question J carries 40 marks and the rest carry 20 marks each. QUESTION 1 (ONE) IS COMPULSORY, An enclosure reproducing the relevant sections of the Misuse of Drugs Act in relation to Question 5B, is for your reference. This question paper consists of Li_pages (inclusive of this page). This is a 3-hour examination with an additional reading time of 10 minutes.QUESTION LIS COMPULSORY 1, Ah Beng and Tamby are friends. They arranged to.meet another friend, Yusoff at the Long Johns Silver restaurant located at 777 North ‘Bridge Road for lunch on | June 2000. Before Yusoff arrived, a group of supermodels on a photo shoot exercise passed by the Long Johns Silver restaurant. Ah Beng was so taken in by the Supermodels that he walked up to one of them (Angel) and touched her breast: When ‘Angel screamed, Ah Beng dashed across the road and’ran into The Adelphi Building along Coleman Street. Tamby witnessed the entire incident. Angel called the police using her handphone and told them that she had been molested. Before long, 2 police cars arrived and a search was conducted at The Adelphi Building for Ah Beng. A civic-minded member of the public, John, who only saw Ah Beng running away from the scene of criine followed him and saw him enter the unit #20-00 at The Adelphi and hide in a closet. When he tried to enter the unit, the proprietor, Peter, refused to let him do so. There was no other access into or out of the unit, save for the entrance. John nevertheless forced his way into the unit and detained Ah Beng, who was found hiding in a closet. When the police officers arrived, John handed Ah Beng over to them, The police officers also found a small packet of granular substance which appeared to be controlled drugs in the same closet. The packet belonged to Peter. The police seized the packet. Peter and Ah Beng do not know cach other. The contents of the packet of granular substance was analysed and found to contain 20 grams of diamorphine. Meanwhile, a police officer, CPL Lee began interviewing Tamby. ‘Tamby told CPL Lee what he saw. Tamby said this: “I was standing outside Long Johns Silver with Ah Beng waiting for Yusoff. A group of models came by. I could see that Ah Beng was mesmerised by the beautiful women as he stopped talking to me and his gaze was fixed at them. Suddenly, Ah Beng stretched out his hand and stroked the breast of one of the models. I gather that her name was Angel because after she screamed molest, her fellow models addressed her,by this name as they tried to console her. She was hysterical, Meanwhile, Ah Beng ran away to escape being detained by the models" big burly agents." CPL Lee recorded what Tamby told him on a piece of Long Johns Silver paper napkin as he had forgotton to bring his pocket book along. CPL Lee showed Tamby what he had recorded and asked him to sign ‘on the napkin. Tamby did so.A few weeks afler the incident, Ah Beng found out where Angel worked and went to see her. He told her that he wished to apologise for what had happened, and told Angel that he was willing to pay her $5,000 in compensation if she compounded the matier. Angel agreed as she was short of money. After Ah Beng paid Angel the nioney, they both went to the police station and told the Investigation Officer about their arrangement. The Investigation Officer told them’ that he has taken note of what they had said and will refer the matter to the Attorney-Gencral’s Chambers. Subsequently, Ah Beng was charged for one count of molest under section 354 of the Penal Code. He was offered bail of $20,000. Tamby bailed him out. Counsel for Ah Beng received information that Yusoff, whom Ah Beng and Tamby were waiting for, was at the scene, and he is able to shed light on exactly what happened. In fact, Yusoff’s account will support Ah Beng’s defence that what took place was an unfortunate misunderstanding as he merely wanted to brush away a cockroach which bad rested on Angel's left breast. Counsel informed the Court before the start of the trial that be had information that Yusoff was now in Indonesia, and there was no way the Defence could find him Counse] requested the Court to direct the Investigation Officer to investigate into the whereabouts of Yusoff by visiting Indonesia and Baising with the Indonesia authorities there. Counsel added that Ah Beng was prepared to go with the Investigation Officer end reimburse him for any costs incurred. During the triel, Tamby was called as a prosecution witness as he saw ‘what had happened (a) Draft the charge-against Ah Beng for an offence under section 354 of the Penal Codé (Cap 224). () By the time Ah Beng was charged for molest, he had entered into a steady relationship with Angel. In fact, they planned to marry:in early 2001. () Advise Ah Beng on the issue of composi reference to the relevant cases. ion with, Gi) Would your answer be different if Ah Beng was charged for aggravated molest under section 354A of the Penal Code (Cap 224)? (©) Ifyou are the District Judge presiding over the case, please give your ruling. on Counsel’s application for the Investigation Officer to investigate into the whereabouts of Yusoff. Would the position be different if this application was made in the High Court before a High Court Judge? ger