Summary - Chapter 1 - Concept in Evidence

Question 1

CONCEPT IN EVIDENCE

Overview

Answer 1

1) Relevancy

Question 2

RELEVANCY

Logical Relevancy

Answer 2

DPP v Kilbourne

• Meaning: probative / disprobative
• How determined: reasoning
• What it is based on: logic & common sense
• Conclusion: relevant if it is logic

Question 3

RELEVANCY

Legal relevancy

Answer 3

1) Meaning: S.3
2) Relevancy of an evidence: S.5
3) Explanation on S.5:

• PP v DSAI (No. 3)
• Thavanathan a/l Balasubramaniam v PP

4) Legal relevancy vs logical relevancy: PP v Haji Kassim
6) Matters not provided under EA: PP v Yuvaraj

Question 4

ADMISSIBILITY

Admissibility & legal relevancy

Answer 4

1) The concept of relevancy & admissibility - Thavanathan a/l Balasubramaniam v PP
2) How legal relevancy & admissibility relates - PP v Haji Kassim
2) Power of judge - S.136(1)
3) Scope of power of judge - PP V DSAI (No.3)

Question 5

FACTS IN ISSUE

Civil & Criminal Case

Answer 5

1) Civil case - How Paik Thoo v Mohideen

2) Criminal case - R v Sims

Question 6

ROLE OF THE JUDGE

Overview

Answer 6

1) Putting questions & ordering documents
2) Deciding on admissibility
3) Discretion to exclude evidence

Question 7

ROLE OF THE JUDGE

Putting Questions & Ordering Documents

Answer 7

1) The law: S.256 CPC
2) Exercise of power - DSAI. PP
3) Meaning of descending into the arena of dispute - Yuill v Yuill
4) When can judge ask question - Gan Kok Liong v PP
5) Effect of descending into the arena of dispute - Teng Boon How v PP

Question 8

ROLE OF THE JUDGE

Deciding on admissibility

Answer 8

1) The law: S.136
2) Scope: PP v DSAI (No. 3)
3) Subsequent exclusion / reversal after admitting:

• PP v Ng Lai Huat - hearsay
• R v Watsons - confessions
• DSAI v PP & anor appeal (FC, 2015) - DNA specimen

Question 9

ROLE OF THE JUDGE

Discretion to exclude evidence

Answer 9

1) General rule - Kuruma v R
2) Exceptions:

• Evidence operates unfairly: Goi Ching Ang v PP
• Involuntariness that is extraordinary: Francis Antonysamy v PP
• Evidence taken in breach of statutory provision: Aizuddin Syah v PP (CA, 2019)

Question 10

LEGAL & EVIDENTIAL BURDEN

Overview

Answer 10

1) Distinction between both

2) Discharging evidential burden

Question 11

LEGAL & EVIDENTIAL BURDEN

Distinction between both

Answer 11

1) International Times & Ors v Leong Hu Yen

2) Letchumanan Chettiar Alagappan v Secure Plantations Sdn Bhd

Question 12

LEGAL & EVIDENTIAL BURDEN

Discharging evidential burden

Answer 12

Jayasena v R

Question 13

WEIGHT OF EVIDENCE

Overview

Answer 13

1) Meaning & scope
2) Rule in assessing weight
3) How to determine weight
4) Factors to be taken into account
5) Examples of relevant provisions

Question 14

WEIGHT OF EVIDENCE

Meaning

Answer 14

• Probative or evidential value

Question 15

WEIGHT OF EVIDENCE

Scope

Answer 15

• Issue of weight only arise for admissible evidence;

- Does not arise for irrelevant or excluded evidence.

Question 16

WEIGHT OF EVIDENCE

Rule in assessing weight

Answer 16

• No hard & fast rule;
• Based on facts & circumstances of each case.
• Regards is to the rules of evidence & common sense.

Question 17

WEIGHT OF EVIDENCE

How to determine weight

Answer 17

• Qualitative assessment

Question 18

WEIGHT OF EVIDENCE

Factors to be taken into account

Answer 18

1) Nature - direct or circumstantial
2) Credibility - e.g. interested witness, manner evidence is obtained
3) Consistency - e.g. corroborated with other evidence

Question 19

WEIGHT OF EVIDENCE

Relevant provisions

Answer 19

1) S.73A(6) - weight for documentary evidence under S.73A
2) S.90B - weight for documents produced by computer under S.90A
3) S.158 - weight to be attached to evidence under S.32 & S.33

Question 20

DIRECT & CIRCUMSTANTIAL EVIDENCE

Direct evidence

Answer 20

• attested directly;

- saw, heard or observed

Question 21

DIRECT & CIRMCUMSTANTIAL EVIDENCE

Circumstantial evidence-

Answer 21

• reasonable inference;
• belief that the fact is proven;

Cases:

1) Meaning - Sunny Ang v PP, Idris v PP
2) Conviction - PP v Azilah Hadri & Anor

Question 22

DIRECT & CIRCUMSTANTIAL EVIDENCE

Issue 1 - whether there is a distinction between direct & circumstantial evidence

Answer 22

PP v Azilah Hadri & Anor

Question 23

DIRECT & CIRCUMSTANTIAL EVIDENCE

Issue 2 - whether standard of proof of circumstantial evidence is higher than direct evidence

Answer 23

1) Kartar Singh v R
2) Jayarahman & Ors v PP
3) Juraimi bin Hussin v PP