LAW OF EVIDENCE II

JUDICIAL NOTICE AND IMPROPER ADMISSION OF EVIDENCE

A. JUDICIAL NOTICE

1. “He who asserts must prove”

2. s.101 Evidence Act 1950:

(1) Whoever desires any court to give judgment as to any

legal right or liability, dependent on the existence of facts
which he asserts, must prove that those facts exist.
(2) When a person is bound to prove the existence of any
fact, it is said that the burden
of proof lies on that person.
ILLUSTRATIONS
(a) A desires a court to give judgment that B shall be
punished for a crime which A says B has committed.
A must prove that B has committed the crime.
(b) A desires a court to give judgment that he is entitled to
certain land in the possession
of B by reason of facts which he asserts and which B denies
to be true.
A must prove the existence of those facts.

3. GR: all facts in issue and fact relevant which a party wishes to rely on
must be proved by evidence : s.101

Exception: 3 types of facts need not be proved

a. facts which are admitted(s.58/s.73AA)
b. presumed facts(s.112,113,114,114A)
c. facts which are judicially noticed

4. Judicial notice refers to facts which are so notorious that their existence
is a matter of public knowledge and the court is entitled to accept their
existence without calling for proof.

5. There are 2 main sections:

s.56 Evidence Act 1950
s.57 Evidence Act 1950
6. Case Law:
PEMBANGUNAN MAHA MURNI SDN.BHD V JURURUS LADAN SDN.BHD[1986] 2 MLJ
30
SANTHI KRISHNAN v. MALAYSIA BUILDING SOCIETY BHD [2015] 1 CLJ 1099  

NORSHAHARIN v. PP[2002] 5 CLJ 492

TONY PUA KIAM WEE v. DATO' SRI MOHD NAJIB TUN HJ ABDUL RAZAK
[2018] 3 CLJ 522  

7. Text / Reading List

Augustine Paul, Evidence Practice and Procedure (4th edn, LexisNexis 2010), Chapter III.

Hamid Sultan Abu Bakar , Janab’s Key To The Law of Evidence (4th edn, Janab 2014) Page
483-492

Mariette Peters, Law of Evidence in Malaysia (LexisNexis, Malaysia, 2013), Chapter 11,page
318-322

Jeffrey Pinsler, Evidence, Advocacy and the Litigation Process (5th edn, LexisNexis,
Singapore 2015) , Chapter 11,page 399-402.

8. e-Learning Activity:
Students to read online case report on TONY PUA KIAM WEE v. DATO' SRI MOHD NAJIB
TUN HJ ABDUL RAZAK [2018] 3 CLJ 522

B. IMPROPER ADMISSION OF EVIDENCE

1. S. 167 Evidence Act 1950: No new trial for improper admission or rejection of evidence

The improper admission or rejection of evidence shall not

be ground of itself for a new trial or reversal of any decision
in any case if it appears to the court before which the
objection is raised that, independently of the evidence
objected to and admitted, there was sufficient evidence to
justify the decision, or that, if the rejected evidence had
been received, it ought not to have varied the decision.
2. Case law :
• NOBIES WEAH EZIKE v. PP[2010] 1 CLJ 578  
• DATO' SERI ANWAR IBRAHIM v. PP[2002] 3 CLJ 457  ,FC
• JURAIMI HUSIN v. PUBLIC PROSECUTOR[1998] 2 CLJ
383,CA

3. Text / Reading List

Augustine Paul, Evidence Practice and Procedure (4th edn, LexisNexis 2010), Chapter XI

Hamid Sultan Abu Bakar , Janab’s Key To The Law of Evidence (4th edn, Janab 2014)
Chapter XI

Mariette Peters, Law of Evidence in Malaysia (LexisNexis, Malaysia, 2013), Chapter 15.
4. e-Learning Activity:
Students to read online case report on PP v SA’ARI JUSOH [2007] 2 CLJ 197