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    CRIMINAL EVIDENCE-Burden of Proof-Meaning Of-Explanation by Accused-When Accused Entitled To

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    CRIMINAL EVIDENCE-Burden of Proof-Meaning Of-Explanation by Accused-When Accused Entitled To

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    sierra
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    MAT[1963] 1 LNS 82

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    76 views2 pages

    CRIMINAL EVIDENCE-Burden of Proof-Meaning Of-Explanation by Accused-When Accused Entitled To

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    sierra

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    2/18/2020 Case:[1963] 1 LNS 82

    [1963] 1 LNS 82
    [1963] 1 MLJ 263

    MAT v. PUBLIC PROSECUTOR


    HIGH COURT, ALOR SETAR
    SUFFIAN; J
    CRIMINAL APPEAL NO. 13 OF 1963
    21 APRIL 1963

    CRIMINAL EVIDENCE-Burden of proof-Meaning of-Explanation by accused-When accused entitled to


    acquittal.

    Case(s) referred to:


    -

    Counsel:
    For the appellant-GN Christie
    For the respondent-Hamzah bin Dato' Abu Samah (DPP)

    JUDGMENT
    Suffian J:
    This appeal is allowed only on one ground. The appellant charged with theft of two chickens and alternatively
    with dishonestly retaining stolen property namely one chicken gave evidence and called witnesses in his
    defence at the end of which he was convicted because in the words of the learned Magistrate "On the whole I
    am unable to believe the defence." I agree with Inche Christie, Counsel for the appellant, that the learned
    Magistrate has seriously misdirected himself as to the meaning of the burden of proof by the accused in eases
    where it is necessary for him to rebut the prosecution case against him.
    The correct law for Magistrates to apply is as follows. If you accept the explanation given by or on behalf of
    the accused, you must of course acquit. But this does not entitle you to convict if you do not believe that
    explanation, for he is still entitled to an acquittal if it raises in your mind a reasonable doubt as to his guilt, as
    the onus of proving his guilt lies throughout on the prosecution. If upon the whole evidence you are left in a
    real state of doubt, the prosecution has failed to satisfy the onus of proof which lies upon it.
    The position may be conveniently stated as follows:
    (a) If you are satisfied beyond reasonable doubt as to the accused's guilt
    . . .. .. .. Convict.
    (b) If you accept or believe the accused's
    explanation.. Acquit.
    (c) If you do not accept or believe the accused's
    explanation.. Do not
    convict but consider
    the next steps below.
    (d) If you do not accept or believe the accused's explanation and that explanation does not raise in your
    mind a reasonable doubt as to his guilt .. .. .. .. Convict
    (e) If you do not accept or believe the accused's explanation but nevertheless it raises in your mind a
    reasonable doubt as to his guilt .. Acquit
    Magistrates would assist the appellate Court if they indicate in their grounds that they are aware of the tests
    laid down in steps (d) and (e) above.
    Appeal allowed.
    https://www.cljlaw.com/Members/PrintCase.aspx?CaseId=1754537985&SearchId=1umlawlib1 1/2
    2/18/2020 Case:[1963] 1 LNS 82

    [1963] 1 MLJ 263

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