Civil or Criminal?

In a previous post I have touched on the doctrine of double jeopardy which states that a person cannot be punished twice for the same offence. It must be noted however that an act may be both a crime and a civil wrong and the responsible person may be liable for both. A common example is a car accident resulting from the carelessness of a driver. The driver may be charged in a criminal court for careless driving. This action is brought by the state (in Brunei, the Public Prosecutor). The driver will be known as the defendant. If the prosecutor proves the case, the defendant will be convicted and may be punished as provided for under the law with fine or imprisonment.

If injuries are caused to another person due to the same accident, the careless driver might also be sued (brought action against). The injured person will be known as the plantiff and the driver is referred to as a defendant. A successful civil action will result in judgement for the plantiff and the plantiff is usually ordered to pay a sum of money or damages.

Both action are distinct from each other and the outcome of one does not in law affect the other. You may recall the case of OJ Simpson in the USA. He was acquitted of murdering his wife and her friend but was still found to be liable for their wrongful deaths and ordered to pay a substantial amount of money to the deceased persons' families.

A civil wrong is not necessarily a criminal offence and vice versa. For example, I agree with person to buy his car and paid a deposit. He subsequently changes his mind and sells the car to someone else. Although this is a civil wong (the seller may be sued), this is not a criminal offence even if I claim to the Police I was "kena tipu"(cheated). The definition of cheating in criminal law is quite different.