MULTIMEDIA UNIVERSITY

SECOND TRIMESTER MID-TERM EXAMINATION, 2020/2021

ULV4622: LAW OF EVIDENCE II
(All sections/ Groups)

7 JANUARY 2021
TIME: 8.30AM -10.00AM
Allocation of time:
8.30am – 8.45 am
(Download & Read Question, Download Answer Sheet, Submit Honesty Pledge)
8.45am - 9.45 am
(Answering Time: 1 Hour Only)
9.45 – 10.00 am
(Submission Time: Submit Answer Booklet In System, Check & Hand In)

ASSESSMENT WEIGHT TO TOTAL MARKS: 10%

INSTRUCTIONS TO STUDENT:
1. This question paper consists of one page with one compulsory question only.
2. Answer the compulsory question given.
3. Support your answers with relevant authorities.
4. Please write/type all your answers in the ULV4622 Answer Sheet uploaded in google
classroom. Please download the answer sheet and type/write on the Answer Sheet. At
the end of the exam convert your answer sheet into a Pdf file and upload into google
classroom. Please click “hand in”.
5. This mid -term ends at 10.00am.
6. Submissions will NOT be allowed after 10.00am. This rule will be strictly
enforced. Answer Sheets submitted after 10.00 am without valid explanations and
supporting evidence will be subject to marks deduction or given an automatic
failure. It is the responsibility of the student to check & ensure the following before
the submission time ends:
a. That the correct script for the exam is submitted. If the student submits a wrong
script, the student will be given an automatic 0.
b. That the script is submitted in the correct format (PDF /adobe acrobat
compatible with Windows). If the student submits the script in a wrong format/ a
file which is corrupted /cannot be viewed/ cannot be downloaded, the student will be
given an automatic 0.
Warning: Please be reminded that cheating in the online exam is a disciplinary
offence. If there are grounds to suspect that a student has cheated in the exam the
student will be referred to the disciplinary board for further investigation and if
found guilty will be subject to disciplinary action by the university. Please be
reminded of the honesty pledge taken, a breach of the pledge is cheating. Please be
reminded of the faculty’s disciplinary warning.
COMPULSORY QUESTION

On 11th March 2018 at about 12.30am, acting on information received relating to drug
trafficking activities Insp Kat led a team of police officers to a house No. 2, Jalan Maju
Jaya, Kuala Lumpur. Upon arrival, they conducted surveillance in front of the house.
About 30 minutes later, Will arrived on a Yamaha LC motorcycle and stopped beside the
road as if waiting for someone. The police team pounced on Will and arrested him. Insp
Kat carried out a body search on Will, and found a compressed slab wrapped in an
aluminium foil tucked in front of Will’s pants. This slab was certified by the chemist to
be 1013g of cannabis, a dangerous drug under the Dangerous Drugs Act 1952. This
formed the subject matter of the charge against Will which is as follows:

"That you, on the 11th March 2018, at about 1.00 am, in front No. 2,
Jalan Maju Jaya, Kuala Lumpur did traffic in dangerous drugs, to wit
1013g of cannabis and you have thereby committed an offence
under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and
punishable under subsection 39B (2) of the same act. "

Will pleaded not guilty and claimed trial. During trial the prosecution called Jon (PW1)
as its witness. Jon is a self-confessed drug addict who has been diagnosed with terminal
cancer. Jon testified in his evidence in chief that he bought cannabis from Will almost
every day before Will was arrested on the current charge. Jon stated in his evidence that
Will had been helping him with the supply of cannabis in order to manage his pain. Jon in
his evidence also stated that people like Will should not be charged as he was only
helping those who are suffering. In cross examination it was put to Jon that he was
unworthy any credit as he was a drug addict and wants to curry favour from the
prosecution. The prosecution called Jack (PW2), Will’s former boss as its second
witness. Jack testified that on 10th March 2018, Will had called in sick and did not show
up to work. Jack also stated that Will was a former drug addict but he had given him a job
as a delivery boy to help him out. In cross examination it was put to Jack that the drugs
belonged to him and Will was an innocent carrier. Jack vehemently rejected the
suggestion put to him. At the end of the prosecution’s case the trial judge ruled that a
prima facie case had been established by the prosecution and ordered Will to enter his
defence. Will gave evidence under oath and stated that on 10th March 2018, his boss Jack
passed a small package wrapped in an aluminium foil to him and asked him to deliver it
to a man named Jon at No. 2, Jalan Maju Jaya, Kuala Lumpur. Will claimed he had no
knowledge that the package contained cannabis as Jack had told him it was herbal
medicine for cancer patients. Will also stated that he had recently got married and his
wife was expecting their first child. In cross examination Will was questioned on his
previous charges for drug related activities which had resulted in acquittals.

Apply the principles of the law of evidence in Malaysia and advise the parties on the
evidential issues to be addressed in their closing submissions at the end of trial.

(Total: 10%)
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