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    Illegaly Obtained Evidence

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    Tetuan Afiq Safly & Co.
    Evidence obtained illegally through violation of human rights or laws is generally not admissible in court. Some key points: - UK and Malaysia follow an inclusionary approach and admit illegally obtained evidence if relevant and reliable, but may exclude if admitting would cause unfairness. - US follows an exclusionary rule and excludes illegally obtained evidence to protect citizens' rights. - Secretly recorded admissions may be used in court in Malaysia and UK if the recording is clear and not tampered with. - Courts have discretion to admit or exclude illegal evidence based on fairness and reliability considerations.

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    Illegaly Obtained Evidence

    Uploaded by

    Tetuan Afiq Safly & Co.
    31 views2 pages
    Evidence obtained illegally through violation of human rights or laws is generally not admissible in court. Some key points: - UK and Malaysia follow an inclusionary approach and admit illegally obtained evidence if relevant and reliable, but may exclude if admitting would cause unfairness. - US follows an exclusionary rule and excludes illegally obtained evidence to protect citizens' rights. - Secretly recorded admissions may be used in court in Malaysia and UK if the recording is clear and not tampered with. - Courts have discretion to admit or exclude illegal evidence based on fairness and reliability considerations.

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    ILLEGALY OBTAINED EVIDENCE

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    Evidence obtained illegally through violation of human rights or laws is generally not admissible in court. Some key points: - UK and Malaysia follow an inclusionary approach and admit illegally obtained evidence if relevant and reliable, but may exclude if admitting would cause unfairness. - US follows an exclusionary rule and excludes illegally obtained evidence to protect citizens' rights. - Secretly recorded admissions may be used in court in Malaysia and UK if the recording is clear and not tampered with. - Courts have discretion to admit or exclude illegal evidence based on fairness and reliability considerations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    Illegaly Obtained Evidence

    Uploaded by

    Tetuan Afiq Safly & Co.
    Evidence obtained illegally through violation of human rights or laws is generally not admissible in court. Some key points: - UK and Malaysia follow an inclusionary approach and admit illegally obtained evidence if relevant and reliable, but may exclude if admitting would cause unfairness. - US follows an exclusionary rule and excludes illegally obtained evidence to protect citizens' rights. - Secretly recorded admissions may be used in court in Malaysia and UK if the recording is clear and not tampered with. - Courts have discretion to admit or exclude illegal evidence based on fairness and reliability considerations.

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    ILLEGALY OBTAINED EVIDENCE - A & Others v Secretary of State for the Home Department –

    evidence by torture or other means that is harsh, cannot be


    Evidence which obtained by an illegal act and through violation accepted
    of the country human rights values, constitutional provisions, - Zakharov v Russia
    statutory law or case law.

    What is the status of this evidence and to what extent it is Admission in USA
    applicable in court? - They use exclusionary rule means the evidence will be
    excluded and cannot be accepted in court
    Singh v Singh – no absolute prohibition of using illegal or - It aims to protect the citizens from illegal searches and
    covertly obtained evidence. It is admissible but to what extent? seizures. (4th amendment)
    - Compelled to self-incrimination (5th amendment)
    The court has complete discretion to determine which evidence - They follow the concept fruit of the poisonous tree
    to be presented. (Silverthorne Lumber Co. v United States)
    The court will balance the need to deter or discourage. - Herring v United States – pulled back on exclusionary rule

    But still the court need to treat the evidence safely before
    accepting it

    Jones v University of Warwick – the claimant’s home was Admission in Malaysia


    secretly filmed for the purpose of exposing the case. - As what explained in British
    - PP v Gan Ah Bee – the illegal or unlawful research does not
    Admission in UK affect the admissibility of evidence
    - As long as it is relevant and reliable - Saminathan v PP
    - They use Inclusionary Approach principle which means the - PP v Foong Know
    court accepted the evidence to be used in the court. - Muhammad Zahid
    - R v Leatham – it matters not how you get it - Mummah Rashid Jusoh
    - Kuruma v The Queen – defendant appealed against his
    conviction for unlawful possession for ammunition. But court
    concern on the evidence not how they obtained Can secretly recorded admission or confession be use as an
    - R v Sang – no discretion to refuse to admit relevant evidence in court?
    - Mohd Ali bin Jaafar v PP
    - Make sure the sounds is clear, the recorder must be in good
    condition and tape not to be tempered or altered

    EXCEPTION

    - Helliwell v Piggott-Sims
    - In civil trial no discretion to exclude
    - In criminal case, if to admit it will cause unfairness to
    accused.
    - Jeffry v Black – sometime sit will cause trickery, oppression
    (who embering) or unfairness
    - Krishna Rao Gurumurthi v PP & anor Appeal – the court can
    reject the evidence if it is on ground prejudicial elements
    - The court can expunged the illegal evidence

    There will be punishment for those who obtained that illegal


    evidence if it caue harm to that accused.

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