CASE(S) OF THE WEEK
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CHRISTIN NIRMAL v. PP
[2019] 2 CLJ 471
COURT OF APPEAL, PUTRAJAYA
MOHTARUDIN BAKI JCA, SURAYA OTHMAN JCA, YEOH WEE SIAM JCA
[CRIMINAL APPEAL NO: B-05-161-04-2017 (FJI)]
12 JULY 2018
CIVIL PROCEDURE: Courts – Jurisdiction – Jurisdiction of High Court – Accused person charged under s. 39B(1)(a) of Dangerous Drugs Act 1952 ('DDA') for trafficking in dangerous drugs – Offence punishable by mandatory death upon conviction – Accused person sought High Court to refer constitutional questions to Federal Court – Whether mandatory death sentence provided for by s. 39B of DDA inconsistent with arts. 5 and 8 of Federal Constitution – Whether s. 39B of DDA arbitrary, disproportionate and fails to take into account individual mitigating circumstances – Whether imperative for High Court to refer purported constitutional questions to Federal Court for decision – Whether High Court seized with jurisdiction to dismiss accused person's application – Courts of Judicature Act 1964, s. 84
CONSTITUTIONAL LAW: Fundamental liberties – Breach of – Constitutionality of provision – Accused person charged under s. 39B(1)(a) of Dangerous Drugs Act 1952 ('DDA') for trafficking in dangerous drugs – Offence punishable by mandatory death upon conviction – Whether mandatory death provided for by s. 39B of DDA inconsistent with arts. 5 and 8 of Federal Constitution – Whether s. 39B of DDA arbitrary, disproportionate and fails to take into account individual mitigating circumstances – Whether s. 39B(1)(a) of DDA valid – Courts of Judicature Act 1964, s. 84
CRIMINAL LAW: Offences – Trafficking in dangerous drugs – Accused person charged under s. 39B(1)(a) of Dangerous Drugs Act 1952 ('DDA') for trafficking in dangerous drugs – Offence punishable by mandatory death upon conviction – Whether mandatory death sentence provided for by s. 39B of DDA inconsistent with arts. 5 and 8 of Federal Constitution – Whether s. 39B(1)(a) of DDA valid
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CASE(S) HIGHLIGHT
Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment
More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.
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Judgment
Sentencing Decision
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ARTICLE HIGHLIGHT
30,000 workers to be laid off this year, says MEF
Employment30,000 workers could be laid off this year
MALAYSIAN Employers Federation (MEF) estimates that 30,000 workers will be laid off this year, citing the increasing cost of business as the main reason for the big jump in retrenchment.
Last year, about 21,000 people lost their jobs.
Given the bleak outlook for the job market, MEF urged the government to help employers retain their workers so that both employers and employees can benefit soonest when the economy recovers.
MEF executive director Datuk Shamsuddin Bardan (pix) pointed out that the economy both within and without Malaysia was on the downward trend, posing a big challenge to employers in maintaining their current level of profitability.
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This is not 'fake' news
New York attorney general sends clear message in settling with sellers of 'fake' online followers and 'likes' in first US settlement of its kind.
New York’s attorney general Letitia James has stated she has resolved a probe into a group of Colorado companies which sold fake followers, ‘likes’ and views on social media platforms. It is the first US settlement to judge such sales as illegal deception.
Devumi LLC and other companies owned by German Calas generated some $15 million of revenue between 2015 and 2017 through selling around 250,000 fake endorsements and engagement for platforms including LinkedIn, Pinterest, SoundCloud, Twitter, Vimeo and YouTube.
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Islamic banking software a rapidly growing market
Islamic finance
Market for Islamic banking software will grow further beyond 2021
The global market for core Islamic banking software solutions for banks – notably, not including products from fintech startups – is a rapidly growing segment seen increasing by around 13% annually from now until 2021 to around $700mn, according to latest industry reports. This is pretty much in line with expected growth in the Islamic finance industry.
Islamic banking software refers to banking software that functions according to Shariah norms for managing and monitoring banking operations and therefore has to have distinctive features that conventional banking software does not provide.
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Top sukuk arrangers see sales rising on lower oil prices
Islamic financeCIMB, Maybank expect Sukuk issuance to pick up
The world’s biggest Islamic bond arrangers are expecting sukuk issuance to pick up in 2019 as governments in oil-producing economies seek to fill budget shortfalls after the price of crude declined in the past year, despite recent gains.
CIMB Group Holdings Bhd and Malayan Banking Bhd, who ranked first and third as managers in 2018, expect global issuance of notes that comply with the religion’s ban on interest to increase this year, without giving specific numbers.
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MNRB to raise RM320m via sukuk
Islamic finance
MNRB setting up Sukuk Murabahah
MNRB Holdings Bhd is establishing a Sukuk Murabahah Programme of up to RM320 million to refinance its existing and future financing/borrowings including the redemption of any maturing Sukuk Murabahah issued under the programme.
The proceeds from the programme will also be used for investment into MNRB’s subsidiaries and permitted investments, as well as to pay fees and expenses in relation to the programme.
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