The abuse of the due process doctrine
Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/47119/ http://irep.iium.edu.my/47119/1/47119_edited.pdf |
| _version_ | 1848783090321719296 |
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| author | Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani |
| author_facet | Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani |
| author_sort | Shair Mohamad, Mohd Akram |
| building | IIUM Repository |
| collection | Online Access |
| description | Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment is not a defence – the judiciary has adopted the ‘abuse of due process’ doctrine to overcome the unjust effects of admitting such evidence by staying the proceedings. Recently, in Wan Mohd Azman bin Hassan v PP [2010] 4 MLJ 141, the Federal Court was asked to consider receiving the doctrine, it was reluctant to do so. This paper seeks to propose that this valuable instrument should be considered strongly because it can go a long way in promoting justice and avoiding serious miscarriage of justice in the Malaysia criminal justice system.
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| first_indexed | 2025-11-14T16:15:49Z |
| format | Proceeding Paper |
| id | iium-47119 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:15:49Z |
| publishDate | 2015 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-471192018-05-22T02:09:15Z http://irep.iium.edu.my/47119/ The abuse of the due process doctrine Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani K Law (General) Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment is not a defence – the judiciary has adopted the ‘abuse of due process’ doctrine to overcome the unjust effects of admitting such evidence by staying the proceedings. Recently, in Wan Mohd Azman bin Hassan v PP [2010] 4 MLJ 141, the Federal Court was asked to consider receiving the doctrine, it was reluctant to do so. This paper seeks to propose that this valuable instrument should be considered strongly because it can go a long way in promoting justice and avoiding serious miscarriage of justice in the Malaysia criminal justice system. 2015 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/47119/1/47119_edited.pdf Shair Mohamad, Mohd Akram and Kamarudin, Abdul Rani (2015) The abuse of the due process doctrine. In: Kuala Lumpur International Business, Economics and Law Conference 8 (KLIBEL8), 12th-13th Dec. 2015, Hotel Putra, Kuala Lumpur. http://klibel.com/proceeding/ |
| spellingShingle | K Law (General) Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani The abuse of the due process doctrine |
| title | The abuse of the due process doctrine |
| title_full | The abuse of the due process doctrine |
| title_fullStr | The abuse of the due process doctrine |
| title_full_unstemmed | The abuse of the due process doctrine |
| title_short | The abuse of the due process doctrine |
| title_sort | abuse of the due process doctrine |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/47119/ http://irep.iium.edu.my/47119/ http://irep.iium.edu.my/47119/1/47119_edited.pdf |