| Author | Habibah Omar; Dr Mazlina Mahali |
| Publication Date | Nov 2023 |
| ISBN | 9786297527635 |
|
Format |
Soft Cover |
| Publisher | Sweet & Maxwell |
Practice and Principles of Evidence Law in Malaysia offers a detailed and systematic exploration of the key principles governing the law of evidence in Malaysia. The book delivers an in-depth explanation of the subject, supported by current statutes and the most recent case law, presented in a clear and engaging format. Spread across 15 well-organised chapters, the book covers complex legal concepts and their practical application, making it an essential resource for lawyers seeking a strong grasp of the subject.
This text delves into key topics such as the general relevance of evidence, similar fact evidence, admissions and confessions, hearsay, expert opinions, character evidence, judicial notice, and documentary proof. It also covers critical aspects concerning witnesses—including their competency, compellability, privileges, corroboration, and procedures related to their production and examination. It examines principles of presumption and estoppel, as well as the burden and standard of proof.
A notable feature of the book is its comprehensive treatment of documentary evidence, with a strong focus on the reliability and admissibility of digital forms of evidence. It also provides up-to-date coverage of amendments to the Evidence of Child Witness Act 2007 and the Sexual Offences Against Children Act 2017, offering valuable insights into the legal treatment and challenges involving child witnesses.
This book serves as an essential and current reference not only for legal practitioners but also for judges, judicial officers, and others involved in the Malaysian legal system, providing a solid foundation in the principles and practice of evidence law.
Key Highlights:
Clearly and systematically explains the current state of evidence law in Malaysia
Includes extensive updates on case law developments up to July 2023
Features concise summaries to aid in understanding complex legal principles
Offers in-depth analysis of documentary and digital evidence
Addresses the evolving legal framework regarding child witnesses, including the latest 2023 amendments
Frequently references both Malaysian and foreign case authorities to illustrate the application of the Evidence Act 1950
Tracks the evolution of local jurisprudence while highlighting the role of common law in Malaysian evidence law
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
