Chapter 18 - Special Procedures Flashcards
SPECIAL PROCEEDINGS
Overview
1) Relevant statutory provisions
2) Practice directions
3) Recent case
SPECIAL PROCEEDINGS
Relevant statutory provisions
S.328 - S.341A:
Meaning of “cause of death”: Section 328 CPC
Duty of police officer to investigate death: Section 329 CPC
Duty of officer to arrange for post-mortem examination in certain cases: Section 330 CPC
Post-mortem examination of body: Section 331 CPC
Report of Government Medical Officer: Section 332 CPC
Duty of Magistrate on receipt of report: Section 333 CPC
Inquiry into cause of death of a person in custody of police or in any asylum: Section 334 CPC
Powers of Magistrate: Section 335 CPC
Magistrate may view body: Section 336 CPC
Inquiries to be made by Magistrate: Section 337 CPC
Evidence and findings to be recorded: Section 338 CPC
Power of Public Prosecutor to require inquiry to be held: Section 339 CPC
Admissibility of medical report in certain cases: Section 340 CPC
Custody of proceedings: Section 341 CPC
SPECIAL PROCEEDINGS
Practice directions
PD 1/2007
PD 2/2014
RECENT CASE ON DEATH INQUEST
Standard of proof
Teoh Meng Kee v PP:
- Civil standard on a balance of probabilities.
- Briginshaw sliding scale needs to be observed;
- i.e. different levels of persuasion or satisfaction being necessary for the various matters a coroner is required to find.
- i.e. where the matters that are the subject of the coroner’s findings are very serious or approximate criminal conduct, the finding will be on the upper end of the balance of probabilities.
RECENT CASE ON DEATH INQUEST
Open verdict in Malaysia
Teoh Meng Kee v PP:
- The open verdict is part of the established jurisprudence in Malaysia.
- It should not be removed from our law without a compelling justification.
