PP

V
LIM KUAN HOCK
SUBMITTED BY

HANIS & CO (HANCO)

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FACTS OF THE CASE

The respondent faced charges of armed robbery, as outlined in Sections 392
and 397 of the Penal Code, along with a co-accused. The presiding judge,
referred to as the learned president, endorsed the witness's identification of
the accused during an identification parade. In his official record, the judge
clearly expressed his belief that the accused had participated in the robbery
without any doubts.

LAW OF EVIDENCE I
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FACT OF THE CASE

However, the defense effectively introduced a reasonable doubt into the
prosecution's narrative. Consequently, the learned president, despite his
confidence in the accused's involvement, determined that the defense had
successfully raised reasonable doubt regarding the prosecution's case.

LAW OF EVIDENCE I HANCO

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ISSUE
Whether the explanation given is inherently or palpably false or such as to cast
a reasonable doubt as to the guilt of the accused.

LAW OF EVIDENCE I
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PRINCIPLES
BEST EVIDENCE RULE
It is imperative to present the most compelling and reliable evidence.
Whenever feasible, one should furnish documentary evidence, and this
documentation should primarily consist of primary sources rather than
secondary ones.
In oral testimony, it is essential that this testimony is both original and
direct, avoiding any reliance on hearsay. The court, as a rule, exclusively
accepts the finest available evidence.

In Common Law previously, only the most superior evidence would gain
admission.
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PROCEDURE

The prosecution has to prove the guilt or The court had to weigh the credibility of

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innocence of the accused beyond the evidence both of the accused and of
reasonable doubt his witness
upon identification parade, it had no whether the accused and the witness
doubt that the accused had taken part testimonies were credible or reliable
in the armed robbery.
The question posed by the court when

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The accused had to cast reasonable doubt weighing the evidence:
on the Prosecution story which required a
very SOLID GROUNDS Was the best evidence of the alibi
The accused relied on the alibi where produced and tested?
DW2 testified accused was working with the best evidence was not produced
her on the day in question and tested
 HanCO PUBLIC PROSECUTOR V. LIM KUAN HOCK

DECISIONS OF THE COURT

BEST EVIDENCE RULE NOT PRODUCED SENTENCE
Even though the best evidence was not
produced, the court allowed the The court sentenced the accused to two
accused' defence of alibi through the years imprisonment.
testimony of the co-worker who testified
that during the day of the alleged
offence, the accused was at work and
not at crime scene.

LAW OF EVIDENCE I
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THANK YOU