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Tutorial 3 Qs

Section 101 of the Evidence Act relates to the burden of proof in criminal cases. The defendant only needs to introduce some evidence to create reasonable doubt, not prove their defense absolutely. For the murder case, the prosecution bears the burden of proving beyond reasonable doubt that Bunuh caused Matio's death. Bunuh's defense that Matio attacked him first could create reasonable doubt, shifting the evidential burden to the prosecution to disprove it. In the civil case, the plaintiff bears the burden of proving on a balance of probabilities that the bus company's negligence caused Mr. S's death. The company's defense will not be enough on its own and it bears an evidential burden to introduce some evidence to support its

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63 views1 page

Tutorial 3 Qs

Section 101 of the Evidence Act relates to the burden of proof in criminal cases. The defendant only needs to introduce some evidence to create reasonable doubt, not prove their defense absolutely. For the murder case, the prosecution bears the burden of proving beyond reasonable doubt that Bunuh caused Matio's death. Bunuh's defense that Matio attacked him first could create reasonable doubt, shifting the evidential burden to the prosecution to disprove it. In the civil case, the plaintiff bears the burden of proving on a balance of probabilities that the bus company's negligence caused Mr. S's death. The company's defense will not be enough on its own and it bears an evidential burden to introduce some evidence to support its

Uploaded by

Ammar Mustaqim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LAW OF EVIDENCE I

TUTORIAL 3

1. Explain the application of s.101 EVIDENCE ACT in relation to criminal cases.

2. “….defences such as alibi placed merely an evidential burden of introducing some


evidence enough to create a reasonable doubt in the minds of the jury”
Discuss.

3. Bunuh is charged with the murder of Matio. This offence is alleged to have taken place
at “Unpure Bar” in Bangsar, Kula Lumpur on 1.4.2009. Mabuk who is a bartender in
Unpure Bar will testify for the prosecution that Bunuh and Matio were sitting next to
each other when Bunuh suddenly punched Matio .Matio then fell over and hit his head
against the floor and died almost instantly.

Bunuh however argues that it was Matio who had attacked him first and that he had only
punched Matio in retaliation .Cantik, who is a waitress in unpure bar, is willing to testify
that she saw Matio punch Bunuh first before Bunuh had retaliated.

Bunuh claims that he had no intention to cause any serious harm to Matio and that the
whole incident was a terrible accident.

Advise the parties on the burden and standard of proof.

4. Mrs. S is suing the Laju Bus Co for damages resulting from the death of her husband
Mr.S, who died in an accident while he was travelling on the company’s bus to Penang
on a holiday. Laju Bus Co argues that it is not liable as Mr.S has refused to follow clear
instructions that all passengers must remain seated when the bus is moving and had
insisted on dancing while the bus was moving.

Advise the parties on the burden and standard of proof.

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