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Law of Evidence in Malaysia

by students from the Faculty of Law, Universiti Kebangsaan Malaysia (UKM)

Friday, October 26, 2012 The Student Authors

Chan Choon Ming (1)

Fact In Issue VS Relevant Facts Denise Khoo Yin Ching (3)
Hong Pin Yin (2)
Jeremy Chong Jan Wai (1)
Fact in Issue
John Chan Chia Yoong (1)
Legislation
Lim Fui Yen (2)
Lim Sing Ghee (2)
Section 3 of Evidence Act 1950
Tee Jeok Renn (2)
fact in issue” means any fact from which, either by itself or in connection with other Teh Kiao Huoi (3)
facts, the existence, non-existence, nature or extent of any right, liability or disability Yap Jia Heng (1)
asserted or denied in any suit or proceeding necessarily follows
Lecturer / Coordinator

In other words, fact in issues means the matter which is in dispute or which forms the Dr. Rizal Rahman

subject of investigation.
Popular Posts
Author’s Opinion
Fact In Issue VS Relevant Facts
Sir James Stepehen
(a) All facts which, by the firm of the pleadings in any action, are affirmed on one side and HEARSAY
denied on the other.
What is Res Gestae?
(b) In action in which there are no pleadings or in which the forms of pleadings is such that
distinct issues are not joined between the parties, all facts from the establishment of Sunny Ang v PP – Circumstances Evidence

which the existence, non-existence, nature or extent of any right, liability or disability On Relevancy & Admissibility
asserted or denied in any such case would by law follow.
Relevancy and Admissibility of Evidence

Example Common Law's Res Gestae & Section 6 of

A is charged with murder B. Evidence Act 1950

The prosecutor must proved the following facts Circumstantial Evidence II

(a) B died
Dying Declaration
(b) A caused the death of B
(c) A had intention to cause the death of B Subsequent Conduct: Absconding/ Flight

· (a) – (c) = Fact In Issues

Total Pageviews

Relevant Facts 8 8 4 0 6
Relevant Facts are facts so connected with each other as to prove or disprove the facts in
Blog Archive
issue.
December 2012 (12)
Relevant facts are not themselves issues before the court. However, they are useful November 2012 (5)
inference regarding the facts in issue. October 2012 (2)

Example UKM Links

A is charged with murder of B.
UKM Main Page
Facts in issue UKM Legal Clinic Facebook
(a) B died UKM Legal Clinic
(b) A caused the death of B SMPWeb UKM
(c) A had intention to cause the death of B Perpustakaan UKM
iFolio UKM
Relevant facts e-Pelajar UKM
A had the motive to kill B and also the opportunity to commit murder are relevant facts
for the prosecution. An inference as to the existence of the facts in issues may be drawn
from these relevant facts.

Distinction between Relevant Facts and Facts in Issue

Facts in issue are facts which are in dispute and which form the subject of decision in a
case.
Relevant facts are connected facts, because of their connection with the principal fact,
they lead to an inference as to the existence or non-existence of the facts in issue.
Examples of Relevant Facts Under Evidence Act 1950
Section 5 – section 16
Facts logically connected with facts in issue, or relevant facts – Motive section 8

Section 17 – 31
Admission and Confession

Section 32-33
Statements by Person who cannot call as witness – Dead person or person who cannot
be found

Section 34-37
Statements under special circumstances- Book Accounts

Section 40-44
Judgement in Other case

Section 45-51
Opinion of Third Persons

Section 52-55
Evidence as to character. – Previous good character.

Posted by Unknown at 9:17 PM

Labels: Lim Sing Ghee

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