Citation

Siva Subramaniam, Mageswary (2018) Similar fact evidence in Malaysia: a review of Section 11(b) of the Evidence Act 1950. Asia Pacific Law Review, 26 (1). pp. 59-76. ISSN 1019-2557

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Abstract

This paper examines the application of Section 11(b) of the Malaysian Evidence Act 1950 as an exception to the rule against the admissibility of similar fact evidence in criminal proceedings. Prima facie similar fact evidence, which is a species of bad character evidence and reveals the accused person’s pervious reprehensible behaviour, is inadmissible in Malaysia on the grounds that it would be prejudicial. However, this exclusionary rule is not absolute and is subject to many exceptions, some of which have not been universally accepted, as is the case with Section 11(b). At present, the position of Section 11(b) as a tool to admit similar fact evidence is uncertain due to the inconsistencies in judicial interpretation and the different schools of thought on its application. This paper will provide a review of the different schools of thought on the interpretation of Section 11(b) as a gateway to admit similar fact evidence. The primary objective of this paper is to provide a definitive answer on the suitability of the application of Section 11(b) as an exception to the rule against similar fact evidence in Malaysia.

Item Type:	Article
Uncontrolled Keywords:	Evidence
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Suzilawati Abu Samah
Date Deposited:	26 Apr 2021 13:26
Last Modified:	26 Apr 2021 13:26
URII:	http://shdl.mmu.edu.my/id/eprint/7651

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