Discuss the procedure as follows:-

1 - what is plea of guilty?

- A plea of guilty is an admission made by accused formally in admission to the charge made
against him. This is pursuant to the negotiation made between the accused and the
prosecution in return to certain reduction on charges or sentence.

2 - discuss the role of the Court in such plea?

The role of the court can be referring to section 172C of CPC:

- The court will issue a notice in writing to the Prosecution and accused to appear before the
court to hear application for plea of guilty made by the accused.
- In hearing, the court will determine whether the plea of guilty by the accused was
voluntarily made or otherwise.
- The accused and the prosecutor may proceed with mutual agreement pursuant to the plea
of guilty application if the court satisfied with the voluntariness of the application. However,
if it is unsatisfied, the application will be dismissing and the case will record such observation
and proceed at another court.

3 - can OKT retract the plea of guilty? and what happen next?

- Yes, the accused may withdraw his plea of guilty and claim to proceed for trial.
- But, it is on the court’s discretion either to allow or reject the retraction and it must be
exercised based on reasonable cause and interest of justice.
- The withdrawal can be made before the court is functus officio or after the court hours.

4 - can the plea of guilty be made in writing?

- The accused may enter a written plea of guilty which indicates his attention to plead guilty
for the charges.
- According to section 137(3) of CPC: the letter should be with an adequate postal address and
the Magistrate shall inform the accused by letter sent by registered post to that addressed
of the sentence imposed.
Discuss the followings:-

1 - how to conduct witness examination?

- Based on section 173 of the CPC, section 179 (1) and (2).

- Examination in chief: the witness will be call to give evidence for the prosecution on the
introductory matters. Leading question will not be allowed at this time.

- Cross examination: After the prosecution finished with all their witnesses, the defence is
allowing to cross examine all the witness brought by the prosecution. At this stage, leading
question is allowed.

- Re-examination: the prosecution may re-examine their witnesses if necessary.

- Cases: PP v Gobinath Alfonso A Kuppusamy: The opening statement by the prosecution is

important and need to be deliver with great care and deliberation. All the procedures need
to be followed as to lead the court in establishing the case.

2 - what evidential burden lies on the prosecution?

- The prosecution need to proof prima facie case against the accused and prove its case
beyond reasonable doubt.

- Section 173(f) of CPC: After the prosecution closed their case, it is for the court to consider
whether the prosecution has established prima facie case against the accused. If prima facie
is not establish, the accused may be acquitted from the charge.

- Section 173(h) of CPC: if prima facie is established, the court will call the accused to enter
defence.

- Cases: Haw Tua Tau v PP: The general rule in criminal case is the prosecution need to proof
beyond reasonable doubt at the close of his case or otherwise the accused will be acquitted.

- PP v Balasubramaniam: once the prosecution had made out prima facie case, then the court
will call the accused to enter his defence.

- PP v Man bin Abbas: the court adopted prima facie case as standard of proof rely on the
prosecution. If the prima facie case has been established and the accused chose to remain
silent, then the court may make conviction upon him.

3 - how to recall witnesses?

- There is no specific provision for the prosecution to recall the witnesses.

- Section 173(h) and (j) of the CPC: These provision allow the defence to recall the witnesses
for cross examination.

- Section 425 of the CPC: It id regarding to the power of the court to summon and recall the
witnesses. Hence, the prosecution may apply to the court to recall the witnesses.
 - Section 162 of the CPC: the accused and the defence are allow to recall, re summon or re-
examine the winessess in situation where there is an alteration or addition on the charge.

- Cases: PP v Yap Kok Meng: in this case, the learned president rejected the prosecution’s
application to recall the witness as such application was made before the end of the
prosecution case. However, the recent judge held that the rejection was unjustified as all the
evidence were not been heard and this can be a ground for retrial.

- Ramli bin Kechik v PP: the court has power to summon and recall the witnesses as if the
evidence is appearing to be important for the court in making its decision.

4 - what happen if the charge being amended?

- Section 158 of CPC

- Any amendment should be read and explained to the accused

- Section 159 of CPC: After the amendment of the charge, the court will call the
accused to plead and state whether he is ready to be tried in court for the charge. If he
is not ready, then the court must consider the reasons and decide either to proceed
with trial or not.

- Then, the court will proceed with the trial with the charge that been altered or added
as if it is the original charge.

- In Quek Ching Kim v R, the court decided that charge cannot be amended in appeal
stage as the accused may absence and it is not being read and explained upon him.
This decision shows that there it is mandatory for the amended charge to be read and
explained to the accused. However, a distinct decision given by the court in Hee Nyuk
Fook v PP, where the failure to read and explained amended charge is not fatal and
depends on the facts of the case.

- In Singah Mohd Hussain the court held otherwise which a trial may be nullify if the
magistrate had not read and explained the amended charge. But, this is due to the
failure to disclose of the actual offense in the original charge until it has been
amended.

- Besides, in Palldas Arumugam v PP, the court allowed the appeal of the accused as
there was no record to proof that amended charge has been read and explained to him,
that his plea was taken. Hence, if the amendment is not allowed by court, then the
accused cannot be convicted on the original charge.

- Section 162 of CPC: After amendment of charge, the prosecution and the defence are
allow to recall or re-summon and examine the witnesses.
5 -  any differences between Prima Facie and Beyond Reasonable Doubt?

- Prima facie is the presentation of sufficient evidence by prosecution to support the legal
claim or piece of evidence. While Beyond reasonable doubt is the standard that must be met
by the prosecution’s evidence in criminal prosecution.

- Prima facie must be proof in both civil and criminal cases before the court can decide
whether the defendant should enter his defence or not. However, beyond reasonable doubt
is a standard of proof for the prosecution to comply and establish for criminal case only.

- The burden of proof for both prima facie and beyond reasonable doubt are rely on the
plaintiff or the prosecution.

- For prima facie, a presentation of sufficient evidence to the court is already enough to create
rebuttable presumption and entitle for the case to be brought to trial. Meanwhile, beyond
reasonable doubt is the prosecution need to show to the court that such evidence or facts is
crystal clear and convincing and represent the truth without any doubt.

- Lastly, the standard of prima facie is relatively low compared to the beyond reasonable
standard which demands the highest standard of proof in order to convict the accused.