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...

Full description

Bibliographic Details
Main Authors:	Shair Mohamad, Mohd Akram, Kamarudin, Abdul Rani
Format:	Article
Language:	English
Published:	International Journal of Business, Economics and Law - IJBEL 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/48355/ http://irep.iium.edu.my/48355/ http://irep.iium.edu.my/48355/5/THE_ABUSE_OF_THE_DUE_PROCESS_DOCTRINE.pdf

id	iium-48355
recordtype	eprints
spelling	iium-483552017-11-21T09:07:02Z http://irep.iium.edu.my/48355/ 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. Key words: Abuse of Court Process, stay of proceedings. International Journal of Business, Economics and Law - IJBEL 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48355/5/THE_ABUSE_OF_THE_DUE_PROCESS_DOCTRINE.pdf Shair Mohamad, Mohd Akram and Kamarudin, Abdul Rani (2015) The abuse of the due process doctrine. International Journal of Business, Economics and Law , 8 (4). pp. 26-29. ISSN 2289-1552 http://ijbel.com/wp-content/uploads/2016/01/law-8.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani The abuse of the due process doctrine
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. Key words: Abuse of Court Process, stay of proceedings.
format	Article
author	Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani
author_facet	Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani
author_sort	Shair Mohamad, Mohd Akram
title	The abuse of the due process doctrine
title_short	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_sort	abuse of the due process doctrine
publisher	International Journal of Business, Economics and Law - IJBEL
publishDate	2015
url	http://irep.iium.edu.my/48355/ http://irep.iium.edu.my/48355/ http://irep.iium.edu.my/48355/5/THE_ABUSE_OF_THE_DUE_PROCESS_DOCTRINE.pdf
first_indexed	2023-09-18T21:08:36Z
last_indexed	2023-09-18T21:08:36Z
_version_	1777411101177151488

The abuse of the due process doctrine

Similar Items