Practice And Principles Of Evidence Law In Malaysia by Habibah Omar & Dr Mazlina Mahali | 2023

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Practice And Principles Of Evidence Law In Malaysia by Habibah Omar & Dr Mazlina Mahali | 2023

Author Habibah Omar and Dr Mazlina Mahali
Publication Date 2023
ISBN 9786297527376
Format
Hard Cover + eBook
Publisher Sweet & Maxwell

 

Practice and Principles of Evidence Law in Malaysia offers a thorough exploration of the fundamental aspects of Malaysian evidence law. The book delves into core principles, supported by current legislation and recent cases, presented in a clear and methodical manner. With its 15 well-structured chapters, the text covers topics such as general relevancy, similar fact evidence, admission and confession, hearsay, opinion, character evidence, judicial notice, and documentary evidence. It also addresses key issues related to witnesses, including competency, compellability, privilege, corroboration, and witness production and examination.

The book provides in-depth analysis of presumption, estoppel, burden of proof, and standard of proof. Additionally, it extensively explores documentary evidence, particularly focusing on the authenticity of various types of digital evidence. The text incorporates updates on the amendments to the Evidence of Child Witness Act 2007 and the Sexual Offences Against Children Act 2017, offering insights into the current status and challenges associated with child witness evidence.

Practice and Principles of Evidence Law in Malaysia serves as a valuable resource not only for lawyers but also for judges, judicial officers, and other legal professionals, offering a comprehensive understanding of evidence law in the Malaysian context.

Key Features of Practice And Principles Of Evidence Law In Malaysia:

  • Provides a clear and systematic overview of the current state of evidence law in Malaysia.
  • Includes extensive updates on case law up to July 2023
  • offering concise summaries of essential concepts for a practical grasp of intricate principles.
  • Offers a comprehensive analysis of documentary evidence
  • delves into the challenges faced by child witnesses, discussing the 2023 amendments to the Evidence of Child Witness Act 2007 and the Sexual Offences Against Children Act 2017.
  • Incorporates regular references to both local and foreign case authorities, aiding the understanding of how the provisions of the Evidence Act 1950 are applied.
  • Additionally, traces the evolution of the law through local court decisions while explaining the application of common law in the Malaysian context.

Contents of Practice And Principles Of Evidence Law In Malaysia:

1. Introduction to Evidence Law
2. General Relevancy
3. Similar Fact Evidence
4. Admissions and Confession
5. Hearsay Evidence
6. Opinion Evidence
7. Character Evidence
8. Judicial Notice
9. Documentary Evidence
10. Competency, Compellability and Privilege
11. Corroboration
12. Production and Examination of Witnesses
13. Presumption
14. Estoppel

15. Burden and Standard of Proof

About the Authors of Practice And Principles Of Evidence Law In Malaysia:

Habibah Omar is a Senior Lecturer at the Faculty of Law, Universiti Teknologi MARA ((UiTMLaw). She obtained her LLM from the University of Warwick, United Kingdom. After several years in practice as an advocate and solicitor of the High Court of Malaya, she joined UiTM in 2005. She has vast experience in Evidence Law, the subject she has been teaching since joining the academia. Besides teaching Evidence Law at the university, she also ran training courses with Malaysian enforcement agencies, such as the Malaysian Anti-Corruption Academy (MACA), the Health Authorities, the Palm Oil Board of Malaysia, the Royal Malaysian Police, and the National Anti-Drugs Agency. Habibah has previously co-authored two successful editions of Law of Evidence in Malaysia, published by Thomson Reuters in 2015 and 2018.

Dr Mazlina Mahali is a Senior Lecturer at the Faculty of Law, Universiti Teknologi MARA (UiTMLaw). She has immense experience in the area of Evidence Law, the subject she has taught since joining UiTM in 2008. She is a trainer on the subject with several enforcement agencies, such as the Fire and Rescue Department of Malaysia (BOMBA) and the National Anti-Drugs Agency. Dr Mazlina obtained her PhD in the area of evidence law from Universiti Kebangsaan Malaysia (UKM) in 2021. Her thesis focuses on the revamp of the presumption of legitimacy of a child under section 112 of the Evidence Act 1950, with special reference to the legal position in the United Kingdom, India, Singapore, and the United States. Dr Mazlina was also a co-author of two editions of Law of Evidence in Malaysia, published by Thomson Reuters in 2015 and 2018. 

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ISBN: 9786297527376
 
 

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