HEARSAY EVIDENCE by indra kumaran https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0 LEGAL EVIDENCE ASSIGNMENT 2 (INDRA - 012020021643) en-us 2021-04-19 13:50:11 UTC 2025-04-08 18:59:04 UTC hello@padlet.com Definition/Explanations on the concept/rights indrakumaran96 https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433176695 A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted.]]> 2021-04-19 14:02:41 UTC https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433176695 Section/Legal Provision/Legal Principles/Exceptions indrakumaran96 https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433180494 60. (1) Oral evidence shall in all cases whatever be direct, that is to say—  

(a) if it refers to a fact which could be seen, it must be the  evidence of a witness who says he saw it;  

(b) if it refers to a fact which could be heard, it must be the  evidence of a witness who says he heard it;  

(c) if it refers to a fact which could be perceived by any  other sense or in any other manner, it must be the  evidence of a witness who says he perceived it by that  sense or in that manner;  

(d) if it refers to an opinion or to the grounds on which that  opinion is held, it must be the evidence of the person who  holds that opinion on those grounds.  

 (2) The opinions of experts expressed in any treatise commonly offered for sale and the grounds on which such opinions are held may be proved by the production of the treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense  which the court regards as unreasonable.  
 (3) If oral evidence refers to the existence or condition of any material thing including a document, the court may, if it thinks fit, require the production of that material thing or the document for its inspection. 
]]> 2021-04-19 14:03:25 UTC https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433180494 Recent Case Law indrakumaran96 https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433187411 DATO' SERI ANWAR BIN IBRAHIM v PUBLIC PROSECUTOR 

 The prosecution was appealing against the whole order of the learned trial judge on allowing in most part, the respondent's application under s 51 of the Criminal Procedure Code ('CPC') to compel the production of documents, materials, property and items as particularised in the respondent's notice of motion dated 10 June 2009. The respondent had also appealed against part of the same order, by which the learned trial judge had refused his application for CCTV recordings at other locations within the Desa Damansara Condominium, the original samples and the s 112 statement of other witnesses not named by the respondent. The prosecution contended, inter alia, that the learned trial judge had erred in law in failing to appreciate the true object of s 51 of the CPC and had misinterpreted that section; the learned trial judge erred in law in reading conjunctively s 51 and s 51A of the CPC when deciding that the prosecution had to disclose all evidence which would be used against the respondent, before trial; that the learned trial judge erred in law in ordering disclosure of documents when: (i) the court had no such jurisdiction; (ii) the documents and exhibits requested by the respondent were not provided for in s 51 and s 51A of the CPC. On the other 2 MLJ 353 at 354 hand, the respondent in his appeal contended that the documents and materials requested were important and imperative for the preparation of his defence. Without those documents and materials, the defence would be handicapped. The court had to consider, inter alia, whether cases relating to disclosure of information, documents and materials under s 51 were still relevant with the coming into force of s 51A. The respondent had also, at the outset of the hearing of this appeal, raised a preliminary objection that the order given by the learned trial judge was not appealable, therefore, the court had no jurisdiction to hear the appea ]]> 2021-04-19 14:04:43 UTC https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433187411 Example/Picture/Newspaper cutting/Diagram indrakumaran96 https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433189583 2021-04-19 14:05:06 UTC https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433189583 Own Commentary indrakumaran96 https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433190961 Hearsay evidence, in a legal forum, is testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible unless an exception to the hearsay rule applies.]]> 2021-04-19 14:05:21 UTC https://padlet.com/indrakumaran96/7cizcbo3wygcw8u0/wish/1433190961