LAW OF EVIDENCE I (LAW824)

Prepared by : Masnila Dahniati – 2022636138

Prepared For : Mazlina Binti Mahali (Dr.)

Friday, 23 December 2022

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To find the distinction between relevancy and weight of evidence, first here is the definition
of each.

In Section 3 of Evidence Act, “relevant” : one fact isa 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. The relevant fact must at least be 2 facts that connected
and related to the provisions of evidence act from section 6 onward. Relevancy is degree of
connection between fact is issue and facts given in as evidence. Only if the evidence is
relevant it is admissible.

Section 5 of Evidence Act : 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. It means that if the evidence is not relevant, it wont
be admissible.

PP v Dato’ Seri Anwar Ibrahim (Sodomy Trial Case) (No. ) [1999] 2 MLJ 1 (HC) : In this
case, Dato’ Seri Anwar Ibrahim was kept in prison, given water to drink, towel to wipe
himself. On a particuloar day, he was asked to get into a car and went to a place. Then, the
items used by him was taken to get his DNA on victim was the same. The prosecutor wanted
to use the evidence in court, however the evidence was taken ilegally. The court had to took
as the probative value and the prejudicial effect. The evidence makes the fact in issue more
relevant. However, there was prejudicial effect and it was obtained illegally iwthout his
permission. Court held that relevancy is the question of law. All admissible facts are relevant
facts, but not all relevant facts are admissible.

Also in the case of R v Turner [1975] 1 All ER 70 at p 74 : An evidence must be relevant

before it can be admissible. In other words, relevancy is a condition precedent for
admissibility.

As for weight of evidence, preponderance of evidence, refers to the degree of believability or

strenght or value of the evidence. The court will determine the relevancy, admissibility and
lastly the weight of evidence. It’s a qualitative assesment where no matter how many
evidences and witnesses will be tendered, court will look at the quality of that evidence.
Judge will decide on the weight to give based on the circumtances, type of evidence, quality
of evidence and the demeanour of the witness to determine the credibility of the witness.
Question of fact cannot be appealed.

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R v A No. 2 [2022] 1 AC 45 : In this case, the accused was charged for raping the victim. In
that particular country, they have laws which protect the rape victims whereby certain
questions cannot be asked in the court. The substantial law/elements for rape: no consent
and penetration. The victim had a boyfriend , the accused was the boyfriend’s friend. They
were all in the same apartment. They went out for a picnic. The victim’s boyfriend was drunk
and he fainted. The accused and the victim carried him admitted him to the hospital. In the
evening they decided to visit the gu. As they both went to the hospital, they took a shortcut.
The accused fell down, and the victim helped him. But he pulled her down and raped her.
In this case, the accused is trying to argue that :
1. Previously, she had affairs with other guys (court decided this evidence not relevant)
2. She had sexual intercourse with the accused before the incident (might be relevant)
The court said that the second evidence is relevant to the charge, but how much weight
should be given. The judge said that she could have consented to the previous one, but not
the one is issue. Thus, not much weight can be given to defend the accused as he had to
appove that this one particular sexual intercourse is consented by her.

There might be some discrepancies in the witness testimony, does not mean the entire
testimony is demolished. Must look at the case as a whole , and asses how much weight to
be given. The weight issue should not focused too much on the little issues.

With the reference to the above the distinction between relevancy and weight of evidence,
relevancy is the degree of connection between a fact that is given in evidence and the issue
to be proved (question of law), as for weight of evidence, it is the strenght, value and
believability of evidence presented on a factual issue by one party as comared to evidence
introduced by the other party (question of fact). It is an assesment of probative value whivh
admissible evidence has in relation to the facts in issue also known as sufficiency of proof. It
can only be done once evidence has been rendered relevant and admissible.