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    Admissibility

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    This document summarizes key concepts around relevance and admissibility of evidence under Malaysian law. It discusses how legal relevance is based on provisions in the Evidence Act, and gives examples of relevant evidence from case law, such as evidence showing opportunity. It also explains that admissibility is a question of law regarding whether evidence may be presented regarding a fact in issue or relevant fact. The main considerations for admitting evidence are its relevance under the Evidence Act. Courts have discretion to exclude irrelevant evidence based on these principles.

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    Admissibility

    Uploaded by

    SKG
    74 views1 page
    This document summarizes key concepts around relevance and admissibility of evidence under Malaysian law. It discusses how legal relevance is based on provisions in the Evidence Act, and gives examples of relevant evidence from case law, such as evidence showing opportunity. It also explains that admissibility is a question of law regarding whether evidence may be presented regarding a fact in issue or relevant fact. The main considerations for admitting evidence are its relevance under the Evidence Act. Courts have discretion to exclude irrelevant evidence based on these principles.

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    This document summarizes key concepts around relevance and admissibility of evidence under Malaysian law. It discusses how legal relevance is based on provisions in the Evidence Act, and gives examples of relevant evidence from case law, such as evidence showing opportunity. It also explains that admissibility is a question of law regarding whether evidence may be presented regarding a fact in issue or relevant fact. The main considerations for admitting evidence are its relevance under the Evidence Act. Courts have discretion to exclude irrelevant evidence based on these principles.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    74 views1 page

    Admissibility

    Uploaded by

    SKG
    This document summarizes key concepts around relevance and admissibility of evidence under Malaysian law. It discusses how legal relevance is based on provisions in the Evidence Act, and gives examples of relevant evidence from case law, such as evidence showing opportunity. It also explains that admissibility is a question of law regarding whether evidence may be presented regarding a fact in issue or relevant fact. The main considerations for admitting evidence are its relevance under the Evidence Act. Courts have discretion to exclude irrelevant evidence based on these principles.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Ще Створити блог Вхід

    Law of Evidence in Malaysia


    by students from the Faculty of Law, Universiti Kebangsaan Malaysia (UKM)

    Wednesday, November 14, 2012 The Student Authors

    Chan Choon Ming (1)


    On Relevancy & Admissibility Denise Khoo Yin Ching (3)
    Hong Pin Yin (2)
    Jeremy Chong Jan Wai (1)
    John Chan Chia Yoong (1)
    Lim Fui Yen (2)
    Lim Sing Ghee (2)
    Tee Jeok Renn (2)
    Teh Kiao Huoi (3)
    Yap Jia Heng (1)

    Lecturer / Coordinator

    Dr. Rizal Rahman

    Popular Posts

    Fact In Issue VS Relevant Facts

    HEARSAY
    Legal relevancy is founded on law, i.e. in the provisions laid down from S 6 to S 55 of the
    Evidence Act. These provisions state what facts are relevant according to the law. What is Res Gestae?

    An example is found in S 7. In Aziz bin Muhd Din v PP, the fact that the sexual Sunny Ang v PP – Circumstances Evidence
    complainant had spent a night at the flat with the accused merely showed opportunity. Similarly,
    On Relevancy & Admissibility
    fingerprints of the defendants shows opportunity and is thus relevant. In Sidik Sumar, the court
    held that evidence of footprints at or near the scene of the crime or that the footprint came from a Relevancy and Admissibility of Evidence
    particular place or lead to a particular place is relevant under S 7. Another example would be
    when there is a fact necessary to introduce a relevant fact as laid down in S 9. Common Law's Res Gestae & Section 6 of
    Evidence Act 1950
    Admissibility is a question of law and refers to whether evidence may be tendered on a
    Circumstantial Evidence II
    fact in issue, a relevant fact or a collateral fact. S 6 provides for the admissibility of statements
    that are part of the same transactions as the fact in issue. The court in PP v Haji Kassim stated Dying Declaration
    that whatever is logically probative is not necessarily admissible in evidence, unless it is so under
    the Evidence Act. Subsequent Conduct: Absconding/ Flight

    S 136 states that the court decides on the issue of admissibility. This provision also
    shows that ‘relevancy’ is the test for admissibility. In PP v Shee Chin Wah, it was held that though Total Pageviews

    an evidence may not be part of the charge and may be prejudicial to the accused, it may be
    admitted, the main consideration being relevancy of the evidence. In Alcontara Ambross Anthony Blog Archive
    v PP the court said “it is the duty of the judge to admit all relevant evidence and to exclude all
    December 2012 (12)
    irrelevant evidence”. For example, the court in R v Walton exercised their powers when the
    majority of judges decided that the statement ‘Hello Daddy’ which was tendered to show that the November 2012 (5)
    person on the other end of the line was Walton was inadmissible. October 2012 (2)

    The Federal Court in Desa Samudra Sdn Bhd v Bandar Teknik Sdn Bhd and 5 others said “In UKM Links
    the law governing documentary evidence, as in oral evidence, three matters come to mind-
    relevancy, admissibility and weight. They must be considered in that order. Only evidence which UKM Main Page
    is relevant ought to be admissible. Irrelevant evidence should be rendered as inadmissible and UKM Legal Clinic Facebook
    the matter ends there. Now, relevant evidence which is rendered admissible is still subject to the UKM Legal Clinic
    element of weight. The court can either attach due weight to the evidence, or some weight, little SMPWeb UKM
    weight or no weight at all”. Perpustakaan UKM
    iFolio UKM
    Posted by Denise K. at 7:20 AM e-Pelajar UKM

    Labels: admissibility, Denise Khoo Yin Ching, legal relevancy, s 136 evidence act

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