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    Evidence in Malaysia

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    SKG
    This document summarizes key concepts relating to the law of evidence in Malaysia. It defines a fact in issue as any fact that is disputed or forms the subject of investigation in a legal case. Relevant facts are connected facts that can help prove or disprove facts in issue but are not themselves the central matters under consideration. The document provides examples to illustrate the distinction between facts in issue and relevant facts. It also lists several sections of Malaysia's Evidence Act of 1950 that outline what types of statements and facts may be considered relevant evidence.

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    Evidence in Malaysia

    Uploaded by

    SKG
    150 views2 pages
    This document summarizes key concepts relating to the law of evidence in Malaysia. It defines a fact in issue as any fact that is disputed or forms the subject of investigation in a legal case. Relevant facts are connected facts that can help prove or disprove facts in issue but are not themselves the central matters under consideration. The document provides examples to illustrate the distinction between facts in issue and relevant facts. It also lists several sections of Malaysia's Evidence Act of 1950 that outline what types of statements and facts may be considered relevant evidence.

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    Evidence

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    This document summarizes key concepts relating to the law of evidence in Malaysia. It defines a fact in issue as any fact that is disputed or forms the subject of investigation in a legal case. Relevant facts are connected facts that can help prove or disprove facts in issue but are not themselves the central matters under consideration. The document provides examples to illustrate the distinction between facts in issue and relevant facts. It also lists several sections of Malaysia's Evidence Act of 1950 that outline what types of statements and facts may be considered relevant evidence.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    150 views2 pages

    Evidence in Malaysia

    Uploaded by

    SKG
    This document summarizes key concepts relating to the law of evidence in Malaysia. It defines a fact in issue as any fact that is disputed or forms the subject of investigation in a legal case. Relevant facts are connected facts that can help prove or disprove facts in issue but are not themselves the central matters under consideration. The document provides examples to illustrate the distinction between facts in issue and relevant facts. It also lists several sections of Malaysia's Evidence Act of 1950 that outline what types of statements and facts may be considered relevant evidence.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Law of Evidence in Malaysia


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

    Friday, October 26, 2012 The Student Authors

    Chan Choon Ming (1)


    Fact In Issue VS Relevant Facts Denise Khoo Yin Ching (3)
    Hong Pin Yin (2)
    Jeremy Chong Jan Wai (1)
    Fact in Issue
    John Chan Chia Yoong (1)
    Legislation
    Lim Fui Yen (2)
    Lim Sing Ghee (2)
    Section 3 of Evidence Act 1950
    Tee Jeok Renn (2)
    fact in issue” means any fact from which, either by itself or in connection with other Teh Kiao Huoi (3)
    facts, the existence, non-existence, nature or extent of any right, liability or disability Yap Jia Heng (1)
    asserted or denied in any suit or proceeding necessarily follows
    Lecturer / Coordinator

    In other words, fact in issues means the matter which is in dispute or which forms the Dr. Rizal Rahman

    subject of investigation.
    Popular Posts
    Author’s Opinion
    Fact In Issue VS Relevant Facts
    Sir James Stepehen
    (a) All facts which, by the firm of the pleadings in any action, are affirmed on one side and HEARSAY
    denied on the other.
    What is Res Gestae?
    (b) In action in which there are no pleadings or in which the forms of pleadings is such that
    distinct issues are not joined between the parties, all facts from the establishment of Sunny Ang v PP – Circumstances Evidence

    which the existence, non-existence, nature or extent of any right, liability or disability On Relevancy & Admissibility
    asserted or denied in any such case would by law follow.
    Relevancy and Admissibility of Evidence

    Example Common Law's Res Gestae & Section 6 of


    A is charged with murder B. Evidence Act 1950

    The prosecutor must proved the following facts Circumstantial Evidence II


    (a) B died
    Dying Declaration
    (b) A caused the death of B
    (c) A had intention to cause the death of B Subsequent Conduct: Absconding/ Flight

    · (a) – (c) = Fact In Issues


    Total Pageviews

    Relevant Facts 8 8 4 0 6
    Relevant Facts are facts so connected with each other as to prove or disprove the facts in
    Blog Archive
    issue.
    December 2012 (12)
    Relevant facts are not themselves issues before the court. However, they are useful November 2012 (5)
    inference regarding the facts in issue. October 2012 (2)

    Example UKM Links


    A is charged with murder of B.
    UKM Main Page
    Facts in issue UKM Legal Clinic Facebook
    (a) B died UKM Legal Clinic
    (b) A caused the death of B SMPWeb UKM
    (c) A had intention to cause the death of B Perpustakaan UKM
    iFolio UKM
    Relevant facts e-Pelajar UKM
    A had the motive to kill B and also the opportunity to commit murder are relevant facts
    for the prosecution. An inference as to the existence of the facts in issues may be drawn
    from these relevant facts.

    Distinction between Relevant Facts and Facts in Issue


    Facts in issue are facts which are in dispute and which form the subject of decision in a
    case.
    Relevant facts are connected facts, because of their connection with the principal fact,
    they lead to an inference as to the existence or non-existence of the facts in issue.
    Examples of Relevant Facts Under Evidence Act 1950
    Section 5 – section 16
    Facts logically connected with facts in issue, or relevant facts – Motive section 8

    Section 17 – 31
    Admission and Confession

    Section 32-33
    Statements by Person who cannot call as witness – Dead person or person who cannot
    be found

    Section 34-37
    Statements under special circumstances- Book Accounts

    Section 40-44
    Judgement in Other case

    Section 45-51
    Opinion of Third Persons

    Section 52-55
    Evidence as to character. – Previous good character.

    Posted by Unknown at 9:17 PM

    Labels: Lim Sing Ghee

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