BURDEN OF PROOF

Question 1

Definition of BOP

Answer 1

A duty imposed on a party to prove certain facts

Question 2

The two criminal trial stages and its explanation

Answer 2

In criminal trial, there is Public Prosecutor and the accused. This implies two stages, the prosecution and defence stage.

Question 3

BOP at Prosecution Stage

Answer 3

At prosecution stage, BOP is placed on the prosecution to prove its case against the accused.

Question 4

Principle in Law of BOP at Prosecution Stage

Answer 4

Section 101 of Evidence Act 1950

Question 5

Case Law of BOP at Prosecution Stage

Answer 5

Mat v. Public Prosecutor - the court emphasised that BOP of the accused lies with the prosecution

Question 6

BOP on Defence Stage

Answer 6

Where the prosecution successfully proves its case against the accused, then only the accused will be called to enter upon his defence. At defence stage, BOP lies on the accused to prove his defence.

Question 7

Principle in Law of BOP at Defence Stage

Answer 7

Section 105 of Evidence Act 1950

Question 8

Case Law of BOP at Defence Stage

Answer 8

Juraimi Husin v. Public Prosecutor - the burden of establishing the defence of insanity lay upon the first accused