Thursday 28 June 2012

if i ever learn to cook...



...it's so that I can bless others the way I've been blessed today.

Thanks, Hannah!

Wednesday 27 June 2012

smack yourself.

When you start thinking that everyone is doing nothing
And you're doing everything -
There's a term for this.
It's called
"thinking too highly of yourself".
When it happens, and you catch yourself doing it,
I think you should just smack yourself on the right cheek.
If that lesson was hard enough, 
You just might be able to avoid a smack on your left cheek by someone else.

Saturday 16 June 2012

i think.

if i can trust God with my life, 
i can trust Him with my final paper.

Friday 15 June 2012

geram judge.

And on 21 June 2004, this court fixed 21 and 22 September 2004 for trial. Counsel present at this case management date made no objection to these trial dates.

On 21 August 2004, the plaintiff's counsel wrote to this court requesting a postponement on the ground that the plaintiff has to accompany his son to the United Kingdom to enter a medical faculty in the University of London. This application was rejected by this court. 

When this case came up for hearing on 21 September 2004, the plaintiff was absent.

First, realising that his earlier request for postponement was rejected the plaintiff still absent himself on the day of trial. 

Second, the task of accompanying his son to the United Kingdom could have been undertaken by someone else or by him personally at an earlier date so that he could return to attend the trial. 

Third, accompanying a child, who is of mature age, to study in the United Kingdom, whether in a medical faculty or otherwise, is not a necessity. There are numerous students these days who travel on their own to pursue their tertiary education overseas, unaccompanied by anyone.

-- Per James Foong J in Tee Ha Leong v. Messrs Low & Lim [2005] 4 MLJ 426.


I burst out laughing reading this.

But yes, I totally get his frustration.

Thursday 14 June 2012

lawyers.

When people think of lawyers, they think:





Right?

Wrong.

That's judges.

The only thing we also own in that picture is the books.

Someone gave me this magnet when I was accepted into law school:

It's still stuck to my refrigerator.

or maybe just...

The policy underlying and the principles governing an order of this nature have been expounded and ossified in a catenation of congeneric cases.

-- Per Abdoolcader FJ in S & F International Ltd v. Trans-Con Engineering Sdn Bhd [1985] 1 MLJ 62.


...A judge known for his huge vocabulary.

with a heavy heart...


...I was constrained to follow Cheah Cheng Lan even though that decision was decided per incurium and even though that decision greatly eroded the inherent powers of the court 'to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the court' as set out in O 92 r 4 of the Rules of the High Court 1980. The doctrine of stare decisis compelled me to follow Cheah Cheng Lan blindly.

-- Tanjung Tuan Hotel Sdn Bhd v. RIH Services (High Court).


If  we had a procrastinating judge before, today we have a reluctant judge.

Looking forward to reading a case with a funny judge.

Wednesday 13 June 2012

pjgh vs. mgc.




Stumbled upon this on Chen Li's Tumblr.

Dated 5.1.2011.

I've been asking God to remind me of why I'm so set on going back, because...

...for the life of me, I couldn't remember.

So here it is.

Why Tse Hwei is so set on going back to Malacca.

=)


i think, and i may be wrong, 
but i do think, 
that sometimes you just know when you're making THAT choice - 
the one that's not just any other choice.
the one you know involves only two people - 
you and God.


you just... know.

"...the learned president [of the Sessions Court], Encik Tee Ah Seng, gave a reasoned judgment for making the order that he did. In the absence of a written judgment by Lamin J, we must assume that he agreed entirely with the reasons advanced for dismissing the appellants' application to set aside the consent order."


-- Supreme Court, Government of Malaysia v. Taib bin Abdul Rahman [1991] 2 MLJ 174.


Ok, now the whole world knows Lamin J procrastinated.


i make the most non-academic comments on cases. 

Monday 11 June 2012

the story.


There was a knock on the bedroom door of Hans Herzog and his wife at about 12.00 midnight.

Hans’ wife got up and went to the door, but there was nobody at the door.

She went to her daughter, Sue Yin's's room to check if she was okay. She opened the door to Sue Yin’s room slowly. The light in the room was not switched on. 

Suddenly, a guy attacked her from inside the room using some weapon. 

She became scared and closed the door. 

She opened the door a second time to see if Sue Yin was in the room. 

She heard someone hide behind the room door. 

She closed the door and ran to her bedroom.

Hans got up and asked her what was happening. She told him a guy attacked her in Sue Yin’s room. She told him not to go there.

Hans rushed to Sue Yin’s room; his wife did not follow him but remained in her bedroom.

She heard him cry out in pain, then he come back into the master bedroom with his face slashed.

Hans picked up a T-shirt, asked his wife to get help, and ran downstairs.

She remained in her bedroom and closed the door. 

She opened the door and saw a man running downstairs - it was not the same man she'd seen the first time she opened Sue Yin’s room door.

The man realized she had looked at him because she was at her room door.

The man then came back up the stairs. 

She closed her bedroom door and locked herself inside, then shouted for help from the window. 

She was in her room for about 10 minutes when her other daughter, Sue Kin, called for her at her room door.

She and Sue Kin ran downstairs and saw Hans lying on the floor, in a pool of blood.


-- Low Kian Boon v. Public Prosecutor [2010] 5 CLJ 489 (Federal Court).


*The facts above were taken from the summary of the trial judge, with some minor changes (substituted the given titles of the persons involved with their real names).

Still want to be a criminal lawyer?


If you ask me, a case where the accused person says he was trying to help one of the daughters 'escape the clutches of her step-father' and where the deceased ran right into a parang (having his spinal cord completely cut off in the process) is pretty fishy.

this makes me happy.



I want to:

1. Find a jigsaw puzzle like this.

2. Complete the jigsaw puzzle.

3. Hang it on my wall.


Whee.

Saturday 9 June 2012

mpyo.

This crazy girl took the train to a Malaysian Philharmonic Youth Orchestra concert right after her first paper yesterday to listen to a solo piano performance by her YF student:

No, he didn't play this piano.
Photo by Nicholas Ong.


Here's my theory:

Kenric has four hands.

He hides them so that people won't kill him for being a mutant.

This theory was verified yesterday.

People,

Mutants are real.

They live among us.


Going on 17 and already signing autographs.
Photo by Nicholas Ong.



P/S: 

  • Lareina: "I'm just so thankful I'm not playing the piano this Sunday." yup. i am.
  • Jason Voon: "Ok, Tse Hwei. I'm going to pick a really difficult hymn this Sunday."


Thursday 7 June 2012

malaysians are scared.



We do not think that the prosecution should supply copies of the police statement direct to the defence without the intervention of the court — because of the peculiar circumstances prevailing in this country. 

Malaysia is a small country, with a small population, and Malaysians are easily scared; they are reluctant to be involved. 

If a crime is committed under their nose they look the other way, see, hear and say nothing, do little or nothing to help identify — let alone — arrest the offender, and yet complain that the police do not catch criminals and that courts are bedazzled by technicalities. 

If the prosecution is obliged to supply copies of police statements to the defence without the intervention of the court, the defence may be tempted to ask for, and the prosecution will be obliged to supply, copies of every statement in the police investigation file, and Malaysians will be more reluctant to come forward with evidence to incriminate their fellows.


-- Per Suffian LP in Husdi v. Public Prosecutor [1980] 2 MLJ 80 (Federal Court)



And this is why if you're charged for an offence in court, you're not entitled to know what other people have been saying against you to the police. Until they appear in court as witnesses. 

Then you ask for an adjournment.

It sounds unfair. 

But when the system tries to be fair to everybody, somebody has to lose out a little. 

Plus think of people like Roslan Imun

Then this will be easier to stomach.

Tuesday 5 June 2012

mushrooms.

There were mushrooms on the rug near the fridge. 

Six of them. 

SIX. 

SIX.

They were very speedily disposed of.

Disgusting. 

I can't even stand mushroom that are dead. You know, the ones on the plate. 

This may be my Father's world and you may be my Father's creation, but I consider your uninvited presence in my house a serious invasion of privacy. 

For the record,

This is not cute. Apologies to wishpony.com.

This is also not cute. 

Even this is not cute.


I hate mushrooms.

Although I do like mushroom soup and mushroom sauce.

"interests of justice".


"It is too often nowadays thought, or seems to be thought, that the interests of justice means only the interests of the prisoners."

-- Per Hashim Yeop Sani J in Public Prosecutor v. Loo Choon Fatt [1976] 2 MLJ 256.

Monday 4 June 2012

"finding peace in stressful times"


"Tip 1: Have an honest and open relationship with God

Sometimes we fail to grasp the implications and impact of this direct access to God, available through the work of Jesus Christ on the cross. 

If you can't break down in front of your staff, or lose temper in front of your client, or if it isn't the best thing to show your children that you're worried, all the time, it's okay. I understand. 

But do you have that sort of intimacy with your God?"

-- Dr. Goh Chee Leong.


Ok, I tell You.

Friday 1 June 2012

monster.



The accused, a grass cutter and an ex-convict, was just released from prison on 16 February 1999 after serving a 20 year jail sentence for raping a minor who subsequently died in 1985.

He had the audacity to commit a heinous crime on 1 June 1999 by violently shoving a 60 cm stick up the anus of his victim, a young innocent schoolboy

The reporters had a field day and without them I would not know of the seriousness of the offence and there would not be a need to revise this case.
The innocent schoolboy, aged 12, survived the ordeal. 
It took the doctors 5.5 hours to surgically remove the stick from the boy's anus. 
On that fateful day, the accused had stopped that schoolboy who was riding his bicycle alone on the pretext of asking for help. ...The accused was carrying a sack of durians and he had asked the schoolboy for assistance to transport the durian fruits ... to a nearby bush. 
On arrival at the designated place, the accused repeatedly punched the schoolboy until he fell unconscious
The accused then used a 60cm stick with its leaves and branches protruding and forcefully shoved it into the school boy's anus. 
When the schoolboy recovered consciousness, he could not move and he experienced sharp pain and profuse bleeding in his anus. At that time, the accused was no longer in sight. 
The boy's father Abdul Razak Rahmat had gone out to look for his son when his son did not return home by 6.30pm. 
Abdul Razak Rahmat managed to trace his son who was at that time lying on the ground with his pants pulled down and the stick was seen protruding from his son's anus with blood oozing out profusely. 
5 cm of the stick was seen protruding out from the schoolboy's anus.
The other end of the stick went right up to the surface of the chest skin puncturing the school boy's urinal bladder and rupturing his small and large intestines with severe tears in the anus.
The doctors found two twigs in the bladder with a few leaves in the peritoneal cavity
In his cautioned statement ... the accused proclaimed ... that he did the same thing to another young boy in Kulai at the Shell petrol station in April 1999 and that boy had since died.
In repenting, the unrepresented accused said: 'Hopefully, Allah will forgive me for my sins.' The accused further said as follows:
"I understand that I must be punished severely for committing such a heinous act. I am remorseful and deeply regret my actions.I agree that the sentence passed by the sessions court was inadequate. Therefore, I want the court to order that I be whipped 20 times so that I can cleanse my sins."
Soon after committing the offence, the accused had gone to a road side stall and ordered iced tea. There were blood stains on the accused hands and when the stall owner enquired, the accused angrily retorted that he had just slaughtered a chicken.
After I had revised the case and passed sentence accordingly, the learned deputy public prosecutors informed me that the accused had filed an appeal against excessive sentence imposed by the learned sessions court judge.

-- Per Abdul Malik Ishak J in PP v. Roslan bin Imun [1999] 3 MLJ 659.


I think, in cases like these... we cannot be impartial and dispassionate.