Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin

The problems arising from the interpretation of the court in reference to the question of burden of proof in criminal proceeding has led many judges and writers to interprete the subject differently. Thus the aim of this project paper is to review the decisions of the various jurisdictions in Englan...

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Main Author: Kamaluddin, Khairul Azman
Format: Student Project
Language:English
Published: Faculty of Law 1984
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/28012/2/28012.pdf
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author Kamaluddin, Khairul Azman
author_facet Kamaluddin, Khairul Azman
author_sort Kamaluddin, Khairul Azman
collection UITM
description The problems arising from the interpretation of the court in reference to the question of burden of proof in criminal proceeding has led many judges and writers to interprete the subject differently. Thus the aim of this project paper is to review the decisions of the various jurisdictions in England and Malaysia especially and to discuss the various judgements and commentaries that were put forward for the purpose of showing the problem. Although the topic directly concerns the burden of proof in criminal proceeding, the writer felt that it is important to review first the basic and broad principle regarding the burden of proof under the law of Evidence and only in the later chapters, the writer discusses the position in England and (in detail) in Malaysia. It is not the intention of the writer to limit the scope on the subject to Malaysian Jurisdiction only since the decision in other common law countries like Ceylon and India have in fact upon appeal to the Privy Council had its effect in the Malaysian cases. Thus the cases and material here does not only concern the Malaysian authority but also involve cases from England, India, Ceylon and Singapore. The preparation and the completion of this project paper is mainly done at the Perpustakaan Tun Abdul Razak, ITM, Shah Alam and writer is deeply in debt to Mr. Hardial Singh, the writers supevisor for all the assistant given. The writer also would like to thank Mr. Shad Salim Al Faruqi, the course tutor for being very cooperative and not to forget all the collegues who have given the encouragement to the writer to complete this project.
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spelling uitm.eprints-80122022-12-22T08:13:19Z https://ir.uitm.edu.my/id/eprint/28012/ Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin Kamaluddin, Khairul Azman Criminal law and procedure The problems arising from the interpretation of the court in reference to the question of burden of proof in criminal proceeding has led many judges and writers to interprete the subject differently. Thus the aim of this project paper is to review the decisions of the various jurisdictions in England and Malaysia especially and to discuss the various judgements and commentaries that were put forward for the purpose of showing the problem. Although the topic directly concerns the burden of proof in criminal proceeding, the writer felt that it is important to review first the basic and broad principle regarding the burden of proof under the law of Evidence and only in the later chapters, the writer discusses the position in England and (in detail) in Malaysia. It is not the intention of the writer to limit the scope on the subject to Malaysian Jurisdiction only since the decision in other common law countries like Ceylon and India have in fact upon appeal to the Privy Council had its effect in the Malaysian cases. Thus the cases and material here does not only concern the Malaysian authority but also involve cases from England, India, Ceylon and Singapore. The preparation and the completion of this project paper is mainly done at the Perpustakaan Tun Abdul Razak, ITM, Shah Alam and writer is deeply in debt to Mr. Hardial Singh, the writers supevisor for all the assistant given. The writer also would like to thank Mr. Shad Salim Al Faruqi, the course tutor for being very cooperative and not to forget all the collegues who have given the encouragement to the writer to complete this project. Faculty of Law 1984 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/28012/2/28012.pdf Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin. (1984) [Student Project] <http://terminalib.uitm.edu.my/28012.pdf> (Unpublished)
spellingShingle Criminal law and procedure
Kamaluddin, Khairul Azman
Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin
title Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin
title_full Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin
title_fullStr Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin
title_full_unstemmed Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin
title_short Burden of proof in criminal proceedings in Malaysia: a review / Khairul Azman Kamaluddin
title_sort burden of proof in criminal proceedings in malaysia a review khairul azman kamaluddin
topic Criminal law and procedure
url https://ir.uitm.edu.my/id/eprint/28012/2/28012.pdf
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