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Finish Finish: Evidence 1 (Outline)
Finish Finish: Evidence 1 (Outline)
(OUTLINE)
EVIDENCE 1
(OUTLINE)
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THE HISTORICAL
BACKGROUND
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ADMISSION &
CONFESSION
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ILLEGALLY OBTAINED
EVIDENCE
EXPERTS OPINION
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HEARSAY EVIDENCE
JUDICIAL NOTICE
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RES GESTAE
DYING DECLARATION
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RELEVENCY SECTIONS
(SECTION 7, 8 & 9)
History of Act
EVIDENCE.
Section 3 of EA 1950,
Evidence includes:
(a) all statements which the court permits or requires to be
made before it by witnesses in relation to matters of fact
under inquiry: such statements are called oral evidence;
Types of evidence
DOCUMENTARY EVIDENCE
ORAL EVIDENCE
CIRCUMTANCIAL EVIDENCE
HEARSAY EVIDENCE
PHYSICAL EVIDENCE
PRIMARY & SECONDARY
EVIDENCE
SIMILAR FACT EVIDENCE
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.
Facts in issue
Relevant facts
Section 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.
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.
PP v Haji Kassim (1971) 2 MLJ 115 stated that If any
fact is sought to be introduced in evidence it must be
relevant and admissible under section 5.
Chong Siew Fai CJ in Thavanathan a/l Subramaniam
v PP [1997] 2 MLJ 401 at page 409 stated that Of the
law of evidence, the cardinal rule relating to relevancy
is that subject to exclusionary rules, all evidence which
sufficiently relevant to the facts in issue is admissible.
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