Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid
The fundamental principle und rlying the rim in l justice system in Malaysia is that an accused person is innocent until proven guilty by a competent court of law. In line with thi principle, the rimina\ justice system of Malaysia provides various safeguards to protect accused persons. However,...
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| Format: | Thesis |
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2004
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| Online Access: | http://studentsrepo.um.edu.my/9476/ http://studentsrepo.um.edu.my/9476/4/ENTRAPMENT_DEFENCE_IN_MALAY_lA.pdf |
| _version_ | 1848773932764626944 |
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| author | A.H. Mohamad Zulkifli, Abdul Hamid |
| author_facet | A.H. Mohamad Zulkifli, Abdul Hamid |
| author_sort | A.H. Mohamad Zulkifli, Abdul Hamid |
| building | UM Research Repository |
| collection | Online Access |
| description | The fundamental principle und rlying the rim in l justice system in
Malaysia is that an accused person is innocent until proven guilty by a
competent court of law. In line with thi principle, the rimina\ justice system
of Malaysia provides various safeguards to protect accused persons. However,
covert policing methods, normally the use of informers and I or undercover
police officers, raise profound issues as regards the fairness of trials. In
Malaysia there is no rule that evidence obtained by the use of trickery and
deception, even by provocation and entrapment be automatically excluded. It
is necessary to appreciate that courts have a responsibility to protect the
overall integrity of the criminal justice system. This must, therefore, inevitably
mean that in setting standards of fairness, a court in a particular case must
consider whether to condemn them by resort to its common law power to stay
the proceedings or exclude the evidence. But, in cases which involved
informer or agent provocateur, a distinction must be made to divide the line
between a mere informer and a particeps criminis, that is the degree of the
persons participation or a person who enticed another to commit crime. The
focus at trial is on the conduct of the police irrespective of the culpability or
predisposition of the accused. Potential benefits of this approach include the
protection of the purity and integrity of the criminal justice system and the
deterrence of police misconduct. |
| first_indexed | 2025-11-14T13:50:16Z |
| format | Thesis |
| id | um-9476 |
| institution | University Malaya |
| institution_category | Local University |
| last_indexed | 2025-11-14T13:50:16Z |
| publishDate | 2004 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | um-94762019-02-11T18:20:07Z Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid A.H. Mohamad Zulkifli, Abdul Hamid K Law (General) The fundamental principle und rlying the rim in l justice system in Malaysia is that an accused person is innocent until proven guilty by a competent court of law. In line with thi principle, the rimina\ justice system of Malaysia provides various safeguards to protect accused persons. However, covert policing methods, normally the use of informers and I or undercover police officers, raise profound issues as regards the fairness of trials. In Malaysia there is no rule that evidence obtained by the use of trickery and deception, even by provocation and entrapment be automatically excluded. It is necessary to appreciate that courts have a responsibility to protect the overall integrity of the criminal justice system. This must, therefore, inevitably mean that in setting standards of fairness, a court in a particular case must consider whether to condemn them by resort to its common law power to stay the proceedings or exclude the evidence. But, in cases which involved informer or agent provocateur, a distinction must be made to divide the line between a mere informer and a particeps criminis, that is the degree of the persons participation or a person who enticed another to commit crime. The focus at trial is on the conduct of the police irrespective of the culpability or predisposition of the accused. Potential benefits of this approach include the protection of the purity and integrity of the criminal justice system and the deterrence of police misconduct. 2004 Thesis NonPeerReviewed application/pdf http://studentsrepo.um.edu.my/9476/4/ENTRAPMENT_DEFENCE_IN_MALAY_lA.pdf A.H. Mohamad Zulkifli, Abdul Hamid (2004) Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid. Masters thesis, University of Malaya. http://studentsrepo.um.edu.my/9476/ |
| spellingShingle | K Law (General) A.H. Mohamad Zulkifli, Abdul Hamid Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid |
| title | Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid |
| title_full | Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid |
| title_fullStr | Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid |
| title_full_unstemmed | Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid |
| title_short | Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid |
| title_sort | entrapment defence in malaysia / a.h. mohamad zulkifli abdul hamid |
| topic | K Law (General) |
| url | http://studentsrepo.um.edu.my/9476/ http://studentsrepo.um.edu.my/9476/4/ENTRAPMENT_DEFENCE_IN_MALAY_lA.pdf |