CRIMINAL VS CIVIL LAW: WHAT DO YOU THINK

when is an case classified as civil or criminal? can it be both, and if yes does that mean a person can be liabile for one offence under this two classes???? lets look at the two scenario below and analyse them based on the circumstances

CASE 1

When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.

• Is Ryan liable under civil or criminal law?
• Should this case go to court, what will be Ryan’s right?
• What should the pedestrian do to recover his injuries/loss?

All cases in relation to road transportation act are classified under the criminal law, this is because public safety is an issue of concern for the society as hence the government has a responsiblity to ensure perpetrators are brought to book. as hence in this scenario Ryan is liable under the criminal law.

Coming to the second question, yes definitely this case should go to court, every citizen among others has the right to defend themselves when faced with a potential criminal offence, and only if the court prove beyond reasonable doubt, then only then they he can be punished, he has the right to counsel(attorney) and speedy trial.

if the courts see it neccesary, as part of the penalty they might award a certain amount of damages to the pedestrian. however this is not always a guarantee, the defendant can instead claim from the insurance coverage, otherwise if they think the have a case they can open a law suit against Ryan, but this will now be a different case as it willmean the case becomes a civil one.

CASE 2

Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.

It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.

• Determine Geena’s liability: civil or criminal?
• What law(s) and statutes you think Geena has violated?

Like the above, this is also a criminal case as it is more to overall society concern rather than only few individuals who got involved, this is due to the fact that these kind of acts are illegal and can cripple the economy of the country and therefore Geena is liable only under criminal law.

In Malaysia Geena has viloated the Anti-Money laundering Act 2001

see(http://74.125.153.132/search?q=cache:5CjyHrNZRL8J:www.parlimen.gov.my/actindexbi/pdf/ACT-613.pdf+MONEY+LAUNDERING+IN+MALAYSIA&cd=1&hl=en&ct=clnk&client=safari)