Monday, December 19, 2011

A Gem In Petition Writing (1948) 14 MLJ xix

I have to share this with all of you. I just read this last week.
Sometime in July 1948, two thirsty grass cutter in Teluk Ansun, Perak went for a drink after a day’s work of grass cutting. Regrettably for them, they went for a drink with their grass cutting knives.
On the way home (being drunk) the fell to belabouring (attack / assault) one another with their knives.
They woke up in a hospital and the most unfortunate thing happened... they were charged in court. It is not mentioned what were they charged for but presuming that they had knives and injured each other to the extent of being admitted to the Hospital, causing grievous hurt would’ve been an apt charge against them.
Ask any lawyer or Judicial Officers and generally, they would say that one would not be freed easily for a grievous hurt charge. A short jail sentence would usually be the common sentence.
But these two men were lucky.
If you were in practice long before the new Jalan Duta Court was open, you might remember the uncles with the portable typewriters outside the Court typing court stuff for anyone who needed their services. I think these two men got a fine uncle who managed to type for them their petition to the Magistrate in charge of their case.
They were just cautioned and discharged.
Yes you read it. Cautioned and discharged. Not even convicted. Hehehe.
Want to know why?
Click the image below and read what they “wrote” to the Magistrate.
I have attached the scanned copy from the original 1948 MLJ as I am sure not many of you have that copy. It’s not even on the Lexis and Nexis MLJ online! I had to go to the library and search for this “gem” the old school way. But it’s really worth it. Read it.
It’s sooooo funny!!!

So any defence lawyer or Magistrate who needs some authority from the law journal can use this as a nice precedent when to ask / grant caution and discharge.
Blog adjourned.

1 obiter dictum:

patunghujan a.k.a cik teruterubozu said...

ada jugak yg mcm ni. klu jumpa masa tgh belajar kt uia dulu, blh letak dlm answer sheet time final exam.huhuhu