LAW OF EVIDENCE II

TUTORIAL 3

Q1
Mark, an American working in Malacca, is charged with indecently assaulting X, a 15
year old boy at The Bukit Beruang Park in January 2015. X’s evidence is that he was
playing with his remote control car at about 6.15pm when he was approached by a man
with a strong British accent .The man told him that he had a large collection of remote
controlled cars and invited him to his house, to see the collection. X agreed to go with
him in his car, while in the car the man had made indecent suggestions to him and
molested him after stopping at a lonely place. X picked Mark out during the ID parade.
Advise the Prosecution on the admissibility of the following evidence:

a. Y, a 13 year old boy, has made a statement to the police that on the 31.12.2014 he
was in the same park roller skating when he was approached by a man with a
British accent who told him that he had a collection of the latest skates in his
home. The man had invited Y to his house to see the collection and Y had agreed
to follow him in his car. While in the car the man had made indecent suggestions
to Y, who at that point jumped out of the car and suffered some injuries. Y had
also identified Mark as the man who had approached him.

b. When the police searched Mark’s house they found a collection of homosexual
magazines and some leather masks and handcuffs.

Q2.
M is summoned to appear at the Magistrate’s Court. She is charged with avoiding paying
toll at the Ayer Keroh Toll Plaza on 14.2.2014 at about 7pm .In her defence she states
that she did intend to pay the toll charges amounting RM15.00 but it was her TOUCH N
GO card which was faulty .

The prosecution however claims that she has the intention to avoid the payment and
whishes to adduce her previous 20 convictions for similar offences.

Advise the prosecution.