STUDENT ID NO_ ‘MULTIMEDIA & UNIVERSITY MULTIMEDIA UNIVERSITY FINAL EXAMINATION ‘TRIMESTER 2, 20142018 ULV4622 -LAW OF EVIDENCE II (All Sections / Groups) IO FEBRUARY 2015 Reading Time :9.004m—9.1Sam (1S Minutes) ‘Answering Time :9.1Sam ~ [2.15pm (3 Hours) INSTRUCTIONS TO STUDENT: 1, Students will have fifteen minutet during which they may read the payer and ‘make rough notes ONLY in their question paper, Students then ‘hive the ‘remaining THREE HOURS in which to answer the questions. 2, This Question paper consists of 4 pages with $ Questions only. ‘Answer any FOUR questions. All questions eamy equal matks ad the Aistibution of the marks foreach question is given. 4 Students te allowed to bring into the Examination Hall ¢ CLEAN and ORIGINAL copy of: i. EVIDENCE ACT 1950 ii, EVIDENCE OF CHILD WITNESS ACT 2007; and iil, CRIMINAL PROCEDURE CODE 5. Please writeall your answers inthe Answer Booklet provide.QUESTION "No one doubts that it doesnot tend fo prove a man gulty ofa particular erime to show that hei the Hind of man who would conmita crime, or that he is generally disposed to crime and even to a pertllar erime; but, sometimes for one reason sometimes for nother, evidence is admissible, noewithstanding its general character, 10 show that the accused had in him the makings ofa criminal, for example, in proving guilty knowledge, or intent, or system , oF in rebuting an appearance of innocence which, wnexplained, the facts might wear. (Per: Loed Sumner in Thompson v The King [1918] AC 232) Based on decided cases and statutory authorities critically evaluat the above statement (Cota: 25 marks) uEsri0n 2 “In my opinion ‘afar of state’ ike an elephant, is perhaps easier to recognise than to define, and ther existence must depend on the particular facts of each case...To ordain ‘that @ court should decide upon the relevant facts and at the same time that it should not Ihoar some of thse relevant facts from tho person who Best knows thom and can prove ‘them at first hand, seems to bea contradiction In terms. Iti est that trad should be out ‘an that truth should prevail.” (Per Raja Azlon Shah (as His Highness then was) in BA Rao & Ors » Sapuran Ker [1978] 2 MLS 146) Critically evaluate the above statement with reference to decided cases and relevant statutory provisions. (Toul: 25 maris) Centinued... ise imWUESTION3 ANSWER ALL PARTS OF THIS QUESTION Ligite and his wife Api have been charged with the arson of a boutique owmed by ther, located at No 2, Bukit Beruang Business Park, Melaka. They are alleged to have committed the offence ator about 12.1Sam on | January 2014 withthe motive of making 8 fraudulent insurance claim. An expert had examined the premises ater the fire end ‘concluded thatthe fre may have been caused by a scented candle which had been placed too close to a curtain. Both Lighter and Api have given an alibi notice that a the time of the alleged offence they were at the New Year countdown celebrations at Dataran Pahlswan. Advise the parties onthe following evidential issues: ‘Api vehemently denies the charge and when giving evidence in her defence tells the court that she is an ective volunteer worker in the local ald folk’s home end would never commit such @ dangerous crime. She goes on to make wild accusations that everyone is out to get her especially the Prosecution and Lighter, The Prosecution roposes to eoss- examine Apt on he previous 3 conviction for shoplifting; Lighter in his testimony denies the charge. The Prosecution now wishes to cross examine Lighter on two previous incidents in which oer properties belonging to him had been damaged by fie, resulting in successful insurance clams. The fist previous Incident occured 30 years ago and the second 20 years ago, (Tota: 25 mais) Continued... m