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Law of Evidence

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Law of EvidenceEvidence includes: (a) all such statements are called

oral evidence;(b) all documents produced for

the inspection of the court are called documentary evidence;

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Types of evidenceFacts in issue & relevant factsSection 5 of EA 1950, Evidence may be

given of facts in issue and relevant facts. It provides that:

“Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others”.

This section lays down the rule that evidence may be given only of fact in issue and others facts declared by this Act to be relevant, and no other.

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Facts in issueFact in issue in civil proceeding It is identifiable from the

pleadings. The whole point of which is to set out the parties’ allegations, admissions, and denials. Matter which are left open in dispute.

See How Paik Too v Mohideen [1968] 1 MLJ 51, 52.

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Fact in issue in criminal proceeding In any event, whenever there is a

plea of not guilty, everything is in issue and the prosecution have to prove the whole of their case, including the identity of the accused, the nature of the act and the existence of any necessary knowledge or intent.

See R v Sims [1946] 1 All ER 697, 701.

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Relevant factsSection 3 of EA 1950 provides

that:relevant mean “one fact is said

to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts”.

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Whatever is logically probative is not necessarily admissible in evidence unless it is so declared under the Act. Matters that are logically relevant but not legally admissible include privileges, hearsay and character evidence.

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PP v Haji Kassim (1971) H: If any fact is sought to be introduced

in evidence it must be relevant and admissible under section 5”.

Subramaniam v PP [1997] H: “all evidence which sufficiently

relevant to the facts in issue is admissible”.

Facts declared to be relevant by the Act are contained in section 6 to 55 (Part One, Chapter Two).

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Thank you for using these slides.