The abuse of the due process doctrine
Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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International Journal of Business, Economics and Law - IJBEL
2015
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| Online Access: | http://irep.iium.edu.my/48355/5/THE_ABUSE_OF_THE_DUE_PROCESS_DOCTRINE.pdf |
| _version_ | 1825649412796317696 |
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| author | Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani |
| author_facet | Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani |
| author_sort | Shair Mohamad, Mohd Akram |
| collection | IIUM |
| description | Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment is not a defence – the judiciary has adopted the ‘abuse of due process’ doctrine to overcome the unjust effects of admitting such evidence by staying the proceedings. Recently, in Wan Mohd Azman bin Hassan v PP [2010] 4 MLJ 141, the Federal Court was asked to consider receiving the doctrine, it was reluctant to do so. This paper seeks to propose that this valuable instrument should be considered strongly because it can go a long way in promoting justice and avoiding serious miscarriage of justice in the Malaysia criminal justice system.
Key words: Abuse of Court Process, stay of proceedings. |
| first_indexed | 2024-03-05T23:47:12Z |
| format | Article |
| id | oai:generic.eprints.org:48355 |
| institution | International Islamic University Malaysia |
| language | English |
| last_indexed | 2024-03-05T23:47:12Z |
| publishDate | 2015 |
| publisher | International Journal of Business, Economics and Law - IJBEL |
| record_format | dspace |
| spelling | oai:generic.eprints.org:483552017-11-21T09:07:02Z http://irep.iium.edu.my/48355/ The abuse of the due process doctrine Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani K Law (General) Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment is not a defence – the judiciary has adopted the ‘abuse of due process’ doctrine to overcome the unjust effects of admitting such evidence by staying the proceedings. Recently, in Wan Mohd Azman bin Hassan v PP [2010] 4 MLJ 141, the Federal Court was asked to consider receiving the doctrine, it was reluctant to do so. This paper seeks to propose that this valuable instrument should be considered strongly because it can go a long way in promoting justice and avoiding serious miscarriage of justice in the Malaysia criminal justice system. Key words: Abuse of Court Process, stay of proceedings. International Journal of Business, Economics and Law - IJBEL 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48355/5/THE_ABUSE_OF_THE_DUE_PROCESS_DOCTRINE.pdf Shair Mohamad, Mohd Akram and Kamarudin, Abdul Rani (2015) The abuse of the due process doctrine. International Journal of Business, Economics and Law , 8 (4). pp. 26-29. ISSN 2289-1552 http://ijbel.com/wp-content/uploads/2016/01/law-8.pdf |
| spellingShingle | K Law (General) Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani The abuse of the due process doctrine |
| title | The abuse of the due process doctrine |
| title_full | The abuse of the due process doctrine |
| title_fullStr | The abuse of the due process doctrine |
| title_full_unstemmed | The abuse of the due process doctrine |
| title_short | The abuse of the due process doctrine |
| title_sort | abuse of the due process doctrine |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/48355/5/THE_ABUSE_OF_THE_DUE_PROCESS_DOCTRINE.pdf |
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