Section 7 (occasion, Cause, Effect, Opportunity & State of Thing) PDF

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this is lecture notes based on Madam Mazlina's lecture....

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Syarisa Rozlan

SECTION 7 The Scope of section 7: -

Occasion Cause Effect Opportunity State of things

1. Meaning of Section 7 - Facts which form part of RG. But section 7 until and 14 are more specific than section 6. - This section allows for evidence tendered being relevant in three ways which are stated above.

i.

Kok Ho Leng v PP (section 6 and 7) Whether a telephone msg to the premises during the raid was admissible in evidence. The court held that it is admissible under two section, which is section 6 (a telephone msg has some analogy to the shouting of the bystander) and section 7 (subsequent cutting of the wire).

ii.

Saw Thean Theik v R An accident happened. The accused was charged for dangerous driving. They admitted a medical report in relations to level of intoxication of the accused. The accused was intoxicated when he was driving and cause the accident.

Occasion - refers to the facts that shows the circumstances which constituted the occasion of happening in FII or relevant facts. - Ex: A lempang B and theres must be ‘something’ that triggered A to lempang B. That something referred as occasion. - Illustration (a)

Bandahala Undik v PP Where court admitted post-mortem report as to the cause of death of the victim. Ahmad Najib Aris v PP The post-mortem of the body of the victim found that the cause of death of the deceased was a strangulation using a particular cloth around the deceased’s neck and when the arrest the accused, they found the same cloth that killed the deceased.

Dr Jainnand v R The FII is whether Jainand committed the murder of Karan Singh. The facts that Jainand had taken money and ornaments from Karan Singh and had on the day of murder gone to Jainand to demand the money and ornaments are relevant facts showing occasion and the court held that the threat in the morning formed part of the occasion to the event that happened at night (direct evidence).

**The maker of medical or post-mortem report usually an expert (compliance with section 45) must appear to give evidence on the contents of the reports in court. if maker of the statement died, then cross refer section 32(1)(i)(j) – only apply to criminal proceeding.

R v Richardson Accused was charged with the murder of the pregnant girl at the cottage. At the time of incident, the girl was in the cottage and she was found dead with her throat cut. The court held that the fact that she was alone at the cottage showed the occasion of relevant fact.

Cause - Something that constitutes the event : ‘penyebab’

iii.

Effect - Everything that leaves behind a certain result which not only records the happening of the act but also clarifies the nature of the act. - illustration (b) 1

Syarisa Rozlan

SECTION 7 -

Ex: fingerprints, marks, footsteps etc at the place where the crime was committed or the injuries of the accused caused by the struggle or while bing under the influence of intoxication.

CCTV footage. The court accepted the evidence as real opportunity as there are other evidence to show that the particular incident happened. R v Richardson There was the fact affording the opportunity to commit the crime, where the fellow of the servant of the accused said that the accused was away from work for about an hour.

PP v Toh Kee Huat Where the fingerprint of the accused was found inside of the car and was charged with theft of motorcar. The court held that the effect of finger prints found in the inner surface of the car was considered by the court (actus reus) R v Richardson There was evidence of the footsteps of a person who had been running away from the place of the incident. This shows the effect subsequent to the event.

iv.

Opportunity - Evidence which would not have happen but for that particular cause, it happen. - Ex: evidence of alibi shows evidence of no opportunity. - Someone within the vicinity of the crime could have the opportunity to commit the crime. - Must show that the crime positively happened (cannot be a mere opportunity). - Opportunity cannot be use to convict the accused person and evidence of opportunity must be evidence of real opportunity and not mere. Aziz bin Muhammad Din v PP Both the accused and the complainant spent the night in his home merely constituted evidence of opportunity, w/o the availability of more evidence, cannot amount to corroboration that a rape did take place. PP v Dato Seri Anwar Ibrahim The facts that the accused and vicitm was together at the condo shows that there was evidence of opportunity as they brought in

v.

State of things - Circumstances or background in which the FII happens usually it explain the physical condition connected with the main facts which happen. - Ex: Physical state of the victim(bruises, crying etc), relationship between the parties involved or habits of the person, condition of the crime scene. PP v Muhammad Rasid bin Hashim The accused was charged with murder but there was an issue whether sexual intercourse before the murder was consensual or not. Evidence was given by police officer that describe the crime scene. The police officer concluded that there was a struggle between the deceased and the accused had taken place in the room. This was evidenced by the fact that the room was in a mess. Deceased also suffered injuries of defensive nature. When the deceased was found, she was lying on the floor naked with her face bleeding. This shows that there was no consensual intercourse. PP v Syahril bin Razali Court held that the evidence of state of thing cannot be looked at the crime scene only but must look at circumstances before that as well (before and after the event). Must consider the history as well. **For example, ada pergaduhan ke apa, relationship between parties etc

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Syarisa Rozlan

SECTION 7 **All of these sections it must be supported with other evidence as well. All evidence must be direct (perceived by senses-section 60). It could be circumstantial in nature but it must be direct. R v Richardson The state of things that the girl was pregnant also constituted a relevant facts to show that the accused had knowledge about the matter and as to the motive of the murder. In order to conceal the evidence, he murdered the deceased.

Relationship between section 7 and section 9 -

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They are closely connected because whatever evidence found which are occasion, cause or effect to relevant fact or FII may be relevant facts under section 9 for identification. Example: fingerprints and blood-type Kow Liang Tiang v PP

evidence found are relevant facts under section 7 to link it with the deceased’s death caused by multiple stabs and penetrating wound caused by scissors. The fact that appellant’s blood stains was found on the scissors, clothes and also injury on his right palm showed the cause to the murder.

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