Saturday, February 27, 2010

FOOD SHOPLIFTING

Has this practice become so common now that although a serious offence people have come to put a blind eye on it OR is it a symptom to some form of odd behaviour?

I have watched every time i go into Tesco Hypermaket, the fruits section, u will see families, parents and kids, going through the shelfs where they are raisins and grapes, more especially grapes, everyone will be picking one as they pass, some dont even pick one they stay there eat until they are satisfied, and the very thing that is disturbing is that this practice affects all, nobody to lead other and tell them its wrong, i always wonder why are the shop assistants not confroting this people because their action amounts to shop lifting which is punishable by law.

but again, if it was you, how will you feel to be embrassed by such a petty thing, which you could have been able to avoid, what would you think of the shop assistant who brings you to justice, i mean remeber they will be simply doing their jobs, you cn imagine how much tesco lose in the grapes sale if every 10 000 of their customer per day are to pick a grape and eat for free
it is high time we people take responsibilities, by the time these shops start to seriously enforcing these shoplifting laws, it will be too late to repeant, lets stop this diabolic behaviour and show how moral and principled we are, !!!!!

Sunday, February 14, 2010

McDONALDS SUED AGAIN OVER COFFEE!!!!

The famous 1994 coffee suit against McDonalds is back again, know about the case? if not read about it here http://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants. in what is supposed to be a similiar case, another woman in Portland is suing the fast food outlet again.......

According to the suit, “as it was being handed to her by an employee of the defendant, the plaintiff took the cup of coffee and the plastic top fell off and spilled very hot coffee on plaintiff’s upper right leg…”
She went into “nervous shock,” endured pain and has scarring. She seeks $7,182 for her pain and suffering, plus another $318 for lost wages and medical expenses.

TO READ MORE ON THE CASE: http://www.oregonlive.com/news/index.ssf/2010/02/portland_woman_sues_mcdonalds.html

ISSUE: SHOULD MCDONALDS BE LIABLE: Absolutely no from me!! y? although there are similarities as to the circumstaces leading to the accidents in both law suits, the critical factors do differ in both cases, more especially considering the coffee temperature, and number of changes that has occured over the years since 1994
one important issue is that the McDonald coffee cup has a big caution on it, which warns consumers to handle it with care as hence any accidents resulting from mishandling the container are not a liability to McDonalds unless only if there was a defect (which is not highlighted) or negliegence from the defendant staff, but in this case the cup was already in the plantiff's hands, the damaging truth reflected in the statement "the plaintiff took the cup of coffee and the plastic top fell..."

As people we should be responsible for our own safety, and be careful when being handed hot beverages, more especially in a busy outlet........ companies cannot continue to be held liable for lame issues such as this and guess what i will be following the outcomes of this case to the end..... SHOULD THIS WOMAN WIN THE SUIT, M CERTAINLY GOING FOR A CUP OF TEA AT MCDONALDS LOL!!!!!!!



Thursday, February 11, 2010

WHAT ARE MY RIGHTS ONCE I HAVE PAID FOR THE GOODS!

Have you ever been in a scenario whereby the security sensors at the exit of a supermaket/store/shops suddenly went off when you go through them? do you know how embrassing that is more especially as most of the times that are false alarms.

it is this that makes me wonder can i sue the shop for damages to my images, because most of the times when that happens there will be people around watching and it really attracts more attention, people will be looking at you like thief thief, and you'lll be looking around with embrassment as if there could be a place where you can jst sneak in quickly and hide.

my basis for the suit are simply..... i believe that as soon as i pay for the goods and i get them packaged my contract with the shop is complete and as hence the goods are now my belongings and i have upper say on them. as hence i see these false alarms as pure accusations which to me amount to harrassment. DO I HAVE A VALID REASON????

i mean just imagine at a grocery store where most of the time you have security guard waiting there to check you trolley, and what annoys most is during busy times there will be a long line, for God sake i mean do i really hate to wait, or please spare me i have other things to do

So in simply terms will i be wrong if i just by pass all these checks and false alarms, does the store have the right to call the police and can i be charged if i refuse to have my trolley checked due to falls alarms.

Monday, February 8, 2010

ARE YOU A CRIMINAL????

have you ever wondered if you maybe committing a crime that you aren't aware of... have you at one point opened the Malaysian Penal Code and studied it.
I had a shock this morning and thought i should share this with all of you.......

Do you know that the Malaysian Peal code makes it an offence which is punishable by 20years imprisonment to perform oral sex!!! Huh just wondering how many criminals we have wondering in the streets, some aware while others unaware

Section 377 of the penal code:

377A. Carnal intercourse against the order of nature.

Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. Explanation

Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.

377B. Punishment for committing carnal intercourse against the order of nature.

Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

377C. Committing carnal intercourse against the order of nature without consent, etc.

Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

This have left me with unanswered questions...... how is this law enforced or implemented, are we without knowledge being spied, where do they draw the lines: what does privacy laws say about this law.
Anyways while i go and find more on this enjoy the article below, it just explains and analyse this issue much better tha i could have done. cheers and please be careful......

The other day, I asked a long-time friend, Soh Toh Mai (not her real name), whether she or her husband has ever committed a crime on Malaysian soil. A little mystified, my friend of many years nonetheless obliged me with her reply. “Of course not. Why do you ask?”

Ignoring her question, I pestered her further with my next question. “Have you ever done the “69″ position or performed fellatio on your husband?” (Fellatio: oral sex, giving head or blow job. “69″ position is simultaneous oral sex between two partners).

She went a bit red, but knowing my habit of asking her the most outrageous of questions, complied again in the affirmative.

“There you go. See, you have committed a crime! And if your husband had performed oral sex on you (cunnilingus), both of you have contravened the Malaysian Penal Code and if convicted of this crime, you are both liable to be imprisoned up to 20 years in addition to being whipped as well.”

This time, she stared wide-eyed at me with that look that says “Are you nuts? What in the world are you harping about?”

I proceeded to explain to her why she and her husband have all of a sudden become accidental criminals.

“Our Malaysian Penal Code makes it a crime to perform oral or anal sex, regardless of gender or consent. As long as the penis is inside the anus or mouth, it is considered a crime.”

My friend, who by now, sported an incredulous look, shot back, “Holy Molly, these are such common and natural acts that the whole world is doing them! If this is a crime, then everyone is guilty. Everyone is a criminal!” I know Soh is rather prone to exaggeration whenever she is on the brink of spewing out some volcanic ashes and rocks. Her face was turning red and she was heaving as she ranted.

“Ah, but under Malaysian criminal laws, these are considered unnatural acts – carnal intercourse against the order of nature,” I responded.

Calming down a bit, Soh thought for awhile, then said, “Whoever who created this law is a moron, perhaps someone who indulges in straight sex only via missionary position. Perhaps, someone who hails from a very conservative background. I pity him because he would never know the joy and ecstasy of having a blow job done on him. And he would never know how to satisfy his partner by giving her oral sex, or maybe he doesn’t care at all.”

Soh shook her head and continued, “Anyway, who is going to enforce this archaic law, which is as yesterday as Victorian chastity belts. Will there be a moral squad similar to the very active and occasionally bungling khalwat squad?” (Khalwat squad comprises of Muslim men who are recruited solely to spy on every Muslim or presumed Muslim couple’s sexual behaviour)

In a perversely enthusiastic mood now, Soh extrapolated further the scenario – “Members of the Moral or Sodomy Squad must be trained to recognize a real and pseudo or imagined penis. With a proliferation of dildoes around, one could easily get mistaken about the object that enters the anus or mouth. They should carry with them tools of their trade like tape measures, cameras, x-ray binoculars and storage containers specially for semen specimens. They also must be prepared to work graveyard hours as most sodomy activities are presumed to take place at night.”

“And if time and budget allow, they should also be trained to take DNA samples. This way, their evidence will hopefully be able to stand in court. I mean all their efforts would be wasted if it cannot stand in court, right? Why prosecute under the sodomy provisions at all if their evidences are not strong enough when challenged in court?”

I was going to say something about privacy concerns when Soh came up with another one of her bizarre extrapolations of the sodomy laws in Malaysia – “Since the law is about justice, I am sure the authorities do not want to be seen to victimize only some sodomites. The most obvious group in society who routinely practise sodomy must be gay men. So, they should launch Operasi Rainbow to round up all the practicing gay men in Malaysia. Punish them to the severest extent of the law in order to deter the rest of the potential sodomites in Malaysian society. ”

Soh had no time now to catch her breath. “And while they are at it, they should recruit more executioners for Malaysian prisons due to the spike in the number of prisoners requiring to be whipped. Build more prisons as well because more than half of the Malaysian population are expected to be incarcerated for offences under Section 377 of the Penal Code“.

“Install hidden cameras in prostitution dens or hotel rooms as well. That way, instead of putting the Sodomy Squad to work on the field with its attendant safety risks, half of them can just sit back and relax in front of TV monitors. It’s such a cushy job (in more ways than one) that I bet many men will queue up to join. There is also the potential side income as when couples caught sodomizing might want to settle “out of court”.

There will be many too who will protest the implementation of the sodomy laws, but according to Soh, this is the price we have to pay in order to clean up the country’s image especially in terms of sexual morality.

“Malaysian image took a severe beating when a former deputy prime minister was charged for sodomy and when a serving DPM was implicated in a murder involving a Mongolian beauty. It seems that in both cases, sodomy allegedly took place. Therefore, drastic measures are needed to show to the world that Malaysians are not a nation full of sodomites,” Soh said straight-faced. Yes, my friend Soh, is known for her double-speak.

source(http://www.elawyer.com.my/)

Sunday, February 7, 2010

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)