Summary Trial

Question 1

reading and explaining charges: s173(a)

• more than 1 accused?
• language?

Answer 1

read separately and explained [Fong Siew Poh]

language of the accused - duty of the court to find competent interpreter [Fong Hung Sium]

Question 2

plea of guilty

• Understand Nature & Consequences of the Plea
• unreserved, unqualified, unequivocal plea
• accused himself plead guilty, not through lawyer

Answer 2

[Lee Weng Tuck] understand the consequences including no trial, and the maximum sentence that may be passed
+ can withdraw before sentence is passed

[Munandu] pleaded guilty but argued drunk when stole bicycle - guilty plea not unequivocal

[Margarita B Cruz] - pleased guilty but say friend asked to keep the passport - guilty plea rejected

[Leng Chow Teng] accused plead guilty himself

Question 3

P to present brief facts

Answer 3

short summary [Abdul Kadir]

confined to facts necessary to establish the charge and facts that can be proved [Lian Kian Boon]

Question 4

Joint pleas

Answer 4

one of two plead guilty [Yap See Teck]

2 options:
if A is going to be called as P witness, dispose of the case and remove him as accused

if A not going to be called, sentencing postponed till after B’s trial, then P may withdraw or amend B’s charges

Question 5

“take all such evidence”

Answer 5

all evidence available [Muhamed Said]

Question 6

consequences if don’t cross examine

Answer 6

deemed admitted

Question 7

prima facie case

cf end of trial

Answer 7

[Looi Kow Chai]
judge sitting alone must subject P evidence to maximum evaluation and ask himself the Q: If the D elect to remain silent, am I prepared to convict him on the totality of the evidence contained in P’s case?

[Mat v PP]
end of trial - can’t convict unless P has proven beyond reasonable doubt

Question 8

groundless charge - discharge accused

Answer 8

[Chu Chee Peng] groundless when the very cornerstone of the P’s case collapses

[Kuppusamy] [Mohamed Said] if groundless have to give DNAA

Investigation incomplete, should give DNAA [HLS Pereira]

Investigation complete, postpone the case if e.g. P witness not available [Karumah]

Question 9

Defence of alibi

Answer 9

mention at case management process or during trial

if during trial have to give P time to investigate

formal notice of alibi required - cannot just use the cautioned statement [Hussin bin Sillit]

compare to bare denial (no evidence) - minimal weight given [Vasan Singh]

Question 10

sentence according to the law

Answer 10

i.e. according to the penal provisions and according to accepted judicial principals [Jafa bin Daud]

Question 11

person of unsound mind can plead guilty if recovered later?

Answer 11

yes according to recent cases [Misbah b Saat]

Question 12

expert witness

Answer 12

P to give accused copy of report
Accused to give notice if decides to call witness

If A give notice but P tender report instead, and A didn’t object - report inadmissible [Ong Baw Seng]

If A didn’t give notice, P can still call instead of tender report - best evidence rule [Muhamed bin Hassan]

Question 13

Court may question accused under s256

Answer 13

[Lim Chin Poh] court must refrain from intervening unless absolutely necessary

Question 14

Double jeopardy

Answer 14

Art 7 Fed Court
s302 CPC

• different charge despite same facts
• different dates

Question 15

Death Inquiry verdict

Answer 15

[Teoh Meng Kee] - Court may give 3 type of verdict:

• open verdict
• death caused by persons unknown
• verdict of misadventure