Circumstantial Evidence : To Establish A Prima Facie Case

The strength on the evidence will somehow rely on the facts of the case and the ability of the evidence to stand by itself. All we aware, circumstantial evidence is unable to stand alone without the support from the other circumstantial evidence. Some of the comment given by Brandon Baum, a commentator from California in which he...

"Is that rope strong enough to hang the prisoner?” in Chan Chwen Kong v Public Prosecutor [1962] 1 MLJ 307

Circumstantial evidence may be defined as any fact arising from the existence of which the judge may infer the existence of a fact in issue. It is not the evidence direct to the point in issue, but evidence of various facts other than facts in issue which are so connected with the facts in issue that taken together they form a chain of...

The Credibility of Oral Evidence

       Oral evidence can be define as all statements which the court permits or requires to be made it by witnesses in relation to matters of fact under inquiry. Under Section 61 of the Evidence Act 1950, it is mentions that the contents of documents may be proved either by primary or by secondary evidence. Oral evidence...

Case Analysis : Position of Illegally Obtained Evidence in Malaysia

Illegally Obtained Evidence: An Analysis of Case of Position in Malaysia Admissibility of illegally obtained evidence in Malaysia In Malaysia, locally decided cases seem to hear out that evidence is not inadmissible merely because it has been obtained unfairly or illegally. The test whether is relevant and admissible under Evidence...

Section 8: Preparation and previous or subsequent conduct

Section 8 of the Evidence Act 1950 provides circumstances in which a fact is relevant.  Under this section, the following facts are relevant: a)      Facts which shows motive b)      Facts which shows preparation c)      Facts which show previous or subsequent conduct of any person...

To what point does the court allows the Hearsay evidence to be admissible ?

Hearsay evidence is one of the types of evidence that commonly gather in the process of investigation for both civil and criminal cases. As far as I concerned, hearsay evidence is somehow inadmissible in court. This is because someone testifying as to what someone else said is believed...

Conspiracy

Section 10 of the Evidence Act 1950 provides facts relating to anything said, done or written by the accused (2 or more) in reference to their common intention to conspire are relevant. They are relevant for the purpose of proving the conspiracy and showing that the accused were conspirators. All acts and statements of a co-conspirator are...