PYQ Oct 2022
October 2022 Question 1: Murder Case Analysis
Case Overview
- Defendants: Houdin and Bidin (initially jointly charged).
- Victim: Zelie
- Charge: Murder.
- Key Development:
- Bidin pleaded guilty to resisting arrest and became a prosecution witness.
Prosecution Evidence
- Bidin's Evidence:
- Houdin and Zelie argued.
- Houdin stabbed Zelie at Bidin's house.
- Pathologist (Sith)'s Evidence:
- Blood and skin tissues from Zelie's fingernails matched Houdin's DNA.
- Inspector Boris' Evidence:
- Found Zelie alive at the scene.
- Zelie was sent to the hospital.
- Eight hours later, Zelie identified Houdin as the cause of her injuries.
- Zelie died four hours after the statement.
Part A: Credibility of Bidin's Evidence (Accomplice)
Accomplice Definition
- Define who is an accomplice.
- Davis v DPP: An accomplice is a participant in a crime, whether principal or secondary.
- case name followed Davis v DPP.
Competency of Accomplice (Section 133)
- Section 133: An accomplice is a competent witness against the accused.
Credibility vs. Admissibility
- Focus on the weight to be given to the evidence, not admissibility.
Rationale for Caution
- Accomplices may have self-interest in shifting blame.
- Bidin's potential motive to blame Houdin.
Section 133 and 114(b)
- Section 133: Conviction is not illegal solely based on uncorroborated accomplice evidence.
- Section 114(b): Court may presume an accomplice is unworthy of credit unless corroborated in material particulars.
- Discuss case name and the corroboration warning.
Corroboration Warning
- Explain why a judge must direct his mind and provide a corroboration warning, even if conviction isn't illegal without it.
- The warning serves as a check and balance.
- Relate credibility to the weight of evidence.
Additional Points and Cases
- Dalib Bhagwan Singh: A relevant case to support arguments.
- Probative Value vs. Prejudicial Effect: Ensure probative value outweighs the potential prejudicial effect.
- Submission: The judge should take corroborative warning into account.
Conclusion
- Even though section 133 allows conviction, corroboration warning acts as a check and balance due to credibility concerns.
- Tan Sibun (case): Rationale when receiving accomplice evidence.
Part B: Relevance of Pathologist (Sith)'s Evidence
Expert Witness
- Sith is a pathologist (expert witness).
- General rule: Opinion evidence is typically inadmissible.
- Exception: Section 45 allows expert evidence on matters of science, etc.
- Yvonne says discuss section 45.
Section 5 and 9
- Section 5: Fact in issue and relevant facts.
- Section 9: Necessary to explain or introduce relevant facts.
Fact vs. Relevant Fact
- Is the DNA evidence a fact in issue or a relevant fact?
- DNA Evidence: Indicates an opportunity or interaction at the crime scene rather than conclusive proof of guilt.
Circumstantial Evidence
- The DNA match is circumstantial evidence.
- Cases: Your , Luis Akim: DNA evidence shows a possibility of being at the crime scene.
Judicial Inference
- It's up to the court to make inferences based on further evidence.
Part C: Admissibility of Inspector Boris' Evidence
Hearsay Evidence
- Boris' evidence is hearsay (out-of-court statement).
- Hearsay is generally inadmissible unless it falls under a known exception.
Dying Declaration (Section 32(1)(a))
- Section 32(1)(a): Dying declaration exception.
- Conditions for admissibility:
- Maker (Zelie) must be dead.
- The case must concern the cause of the maker's death.
- The maker must have made a statement as to the cause of their death.
Additional Cases and Considerations
- King v Samara Kunbanda
- Haji Saleh, Chandrasegra
- Bring in 104 illustration a as well.
- Santok Singh, Alanara, Aswami
- Whether absolute words were used.
- The examiner is asking about admissibility only. Right?
Question 2: Best Evidence Rule & Parole Evidence Rule
Part A: Best Evidence Rule
- Definition: The best evidence is that which the nature of the case will admit.
- Oral Evidence: Section 60 states oral evidence must be direct.
- Omichan v Baker: Law Lords laid down that there is but one general rule of evidence.
Admissibility Debate
- Is the best evidence rule a theory or does it govern admissibility?
- Queen v Bloom: Best evidence rule has no effect on admissibility.
- Norfaizal, Datohaji Asman
- Section 90(a)
Case Example
- Yana Sigrun's case: Modern application of best evidence rule.
Admissibility and Weight
- Admissibility is a question of law.
- Weight is the court's evaluation of the evidence
Best Evidence Rule Summary
- What's the evidence that is the most useful and applicable.
Key Points
- In order to secure exhibits, you must secure the evidence
Cases to Note
Part B: Parole Evidence Rule
- Definition: Exclusion of oral evidence by documentary evidence.
- Section 91: Relates to parole evidence.
- Section 92: Exclusion of evidence of an oral agreement.
- Read 91 with 92.
- Prestige Global Resources v Gavungan Hartamas.
- Samar World Asia Sudan Bharat v RHB Bank.
- Examples in 91.
Key Points
Case names Given
Question 3: Defamation Case - Burden and Standard of Proof
Case Summary
- Parties: John (politician) and Ram (opponent).
- Issue: Defamation.
- Allegation: John uttered defamatory words against Ram, who alleges tarnished reputation.
- Defense: John claims justification and qualified privilege, citing rumors.
Part A: Burden and Standard of Proof
- Ram (plaintiff) has the burden of proof that John made defamatory remarks.
- Standard of Proof: Civil standard - balance of probabilities (Miller v Minister of Pensions).
- John (defendant) has an evidential burden to prove his defense (he heard rumors).
Qualified Privilege
- John has to prove he made the statement and that he was acting in good faith. Right?
- One point: Ram can advise he can act in John's malice and show his conduct to say it wasn't an intent to cause actual damage.
Section 106
- Burden of proving fact, within is not applicable here
General Principles
- Relate back to all facts throughout.
Part B: Admissibility of John's Evidence (Rumors)
- John's evidence: He heard rumors in the community about Ram and his mistresses.
- Key consideration Right?: It is hearsay what he heard in this case should he should not be the point is he prove it as this and that.
- Right?: Is this bad or not by the court.
John
- If you can bring these people in to do something.
- What does a rumor entail:
- Prove if it is true.
- Does he really have this person or have they.
Section 32.1H
- Is it used to bring in some of these people into cases.
- Look into 32.34 and so on.
- You can only know this from a particular expression.
- What of fact
Key points that could be wrong or right in the following.
Character
- Need to see their is more to the question in certain area or not.
- Is the John the character evidence should not be suitable here
- That is for the key things to know. Right now. That is with everything