LAW OF EVIDENCE I

TUTORIAL 3
1. Explain the application of s.101 EVIDENCE ACT in relation to criminal cases.
2. .defences such as alibi placed merely an evidential burden of introducing some
evidence enough to create a reasonable doubt in the minds of the jury
Discuss.
3. Explain the legal reasoning on the issue of burden in the following cases:
ROSLI MD IDRUS v. PP( 2010) 1 LNS 121
MOHAMAD NAJIDI ABDUL HALIM & ORS v. PP [2011] 1 LNS 172
MAGENDRAN MOHAN v. PP[2011] 1 CLJ 805
EMPATI MAT V (2010) 1 CLJ 814

4. Bunuh is charged with the murder of Matio. This offence is alleged to have taken place
at Unpure Bar in Bangsar, Kula Lumpur on 1.4.2009. Mabuk who is a bartender in
Unpure Bar will testify for the prosecution that Bunuh and Matio were sitting next to
each other when Bunuh suddenly punched Matio .Matio then fell over and hit his head
against the floor and died almost instantly.
Bunuh however argues that it was Matio who had attacked him first and that he had only
punched Matio in retaliation .Cantik, who is a waitress in unpure bar, is willing to testify
that she saw Matio punch Bunuh first before Bunuh had retaliated.
Bunuh claims that he had no intention to cause any serious harm to Matio and that the
whole incident was a terrible accident.
Advise the parties on the burden and standard of proof.

5. Mrs. S is suing the Laju Bus Co for damages resulting from the death of her husband
Mr.S, who died in an accident while he was travelling on the companys bus to Penang on
a holiday. Laju Bus Co argues that it is not liable as Mr.S has refused to follow clear
instructions that all passengers must remain seated when the bus is moving and had
insisted on dancing while the bus was moving.
Advise the parties on the burden and standard of proof.