STANDARD OF PROOF

Question 1

Definition of SOP

Answer 1

Quantum/degree of evidence required by law

Question 2

What are the three SOP

Answer 2

1. Prima facie
2. Balance of probabilities
3. Beyond reasonable doubt

Question 3

What is prima facie

Answer 3

At the prosecution stage, the SOP required from the prosecution is a prima facie standard. - Section 173(f)(i) and 180(1) of CPC: When the case for the prosecution is concluded, the Court shall consider whether the prosecution has made out a prima facie case against the accused.

Question 4

How to know if prosecution has made out a Prima facie

Answer 4

Section 173(h)(iii) and 180(4) of CPC: has proved credible evidence proving each ingredient of the offence made out a prima face case against the accused which if unrebutted or unexplained would warrant a conviction

Question 5

What happened when there’s prima facie

Answer 5

The accused wil be called to enter upon his defence

Question 6

Prime facie Case Law

Answer 6

Ahmad Najib Aris v. Public Prosecutor

Question 7

What if prosecution has not made out a prima facie against the accused

Answer 7

The court shall acquit the accused without calling him to enter his defence

Question 8

What is balance of probabilities

Answer 8

It means a judge or jury must be more persuaded than not that a claim is true. Essentially, the evidence presented must make it more likely than not that the claim is correct.

At the defence stage, the accused may raise any relevant general defence to prove his innocence

Question 9

Two case law of Balance of Probabilities

Answer 9

1. Goh Yoke v. Public Prosecutor - the standard of proof required from the accused person is on a balance of probabilities
2. Miller v. Minister of Pensions - It must carry a reasonable degree of probability, but not so high as is required in a criminal case. If the evidence is such that the tribunal can say: we think it more probable than not, the burden of proof is discharged, but if the probabilities are equal, it is not.

Question 10

Explanation of SOP of beyond reasonable doubt

Answer 10

Throughout criminal trial (prosecution + defence), the burden of proving the guilty of the accused rests on the prosecution and the standard of proof is beyond reasonable doubt

Although during defence stage, the burden is on the accused is to prove his defence, it does not relieve the prosecution of its duty from cross-examining the accused with a view to challenge the truth of his defence

Question 11

2 laws of beyond reasonable doubt

Answer 11

1. Section 182A(1) CPC - the court shall consider all the evidence and deice whether the prosecution has proved its case beyond reasonable doubt
2. Section 182A(2) - if the court finds that the prosecution has proved its case beyond reasonable doubt, the court shall find the accused guilty and may convict the accused of the crime

Question 12

2 case laws of beyond reasonable doubt

Answer 12

1. Public Prosecutor v. Herlina Purnama Sari - the burden of proof lies throughout the trial is on the prosecution to prove beyond reasonable doubt the guilt of the respondent for the offence with which she was charged
2. Balachandran v. Public Prosecutor -a case is said to be proved beyond reasonable doubt only at the conclusion of the trial upon a consideration of all the evidence as provided by Section 182A(1) CPC

Question 13

What if no beyond reasonable doubt

Answer 13

The court shall acquit the accused of the charged based on Section 182A(3) CPC