21 Dec 2021
CHAN KOK POH PUBLIC PROSECUTOR
- Citation
- JB-42(ORS)-4-02/2021 (Mahkamah Tinggi)
- Court
- ORS
- Case number
- JB-42(ORS)-4-02/2021 (Mahkamah Tinggi)
The High Court upheld the Sessions Court's exercise of discretion under s.30 CJA to decline transmission; s.30 and s.84 use permissive 'may' and do not mandate referral in every case; s.18 SOACA 2017 is a specific legislative provision applicable to child victims and must be harmonised with the Evidence Act rather than read down as unconstitutional; s.18 does not absolve the prosecution of its burden to prove guilt and questions concerning corroboration under s.133A and burden of proof are jurisprudential and procedural matters properly addressed in trial; the defence failed to discharge the…
- Reference under s.30 courts of judicature act
- Uncorroborated evidence of child-victims (s.18 soaca 2017)
- Interaction between specific and general statutes
- Presumption of constitutionality
- Separation of powers
- Harmonious construction