Part B 2011

Part VIII

CASE FOR THE PROSECUTION HAW TUA TAU REQUIREMENTS1

1. At the close of the prosecution case no positive obligation placed upon court at this stage to decide whether evidence has established accuseds guilt beyond reasonable doubt. Words if unrebutted only obliges court to ask itself a hypothetical question: If I were to accept the prosecutions evidence as accurate would it establish the case against the accused beyond a reasonable doubt? 3. 4. Prosecution makes out a case against accused by adducing evidence of primary facts. Words if unrebutted refer to such evidence. Court must act on 2 presumptions: (a) (b) 5. all evidence of primary facts is true, unless it is inherently incredible; inferences as to further facts or accuseds state of mind would reasonably be drawn.

2.

Judge, as decider of facts at a criminal trial, should keep an open mind about the veracity and accuracy of recollection of witnesses until all the evidence to be tendered on behalf of prosecution and defence has been heard. At the conclusion of the prosecution case, what remains to be decided is a question of law only: Whether there is some evidence (not inherently incredible) which, if he were to accept as accurate, would establish each essential element in the alleged offence.

6.

7.

If such evidence as respects of any of those essential elements is lacking, then, and then only, is he justified in finding that no case against the accused has been made out which if unrebutted would warrant his conviction. **********

Views expressed by the contributor(s) are not necessarily those of the Singapore Institute of Legal Education. This article is edited and produced for the sole purpose of private study of students enrolled in the Preparatory Course leading to Part B of the Singapore Bar Examinations 2011. Whilst every effort has been made to ensure that the information contained in this article is correct, neither the contributor(s) nor the Institute can accept any responsibility for any errors or omissions or for any consequences resulting therefrom. COPYRIGHT 2011 Singapore Institute of Legal Education, unless otherwise indicated. All rights reserved. Except where used by a student enrolled in the Preparatory Course leading to Part B of the Singapore Bar Examinations 2011 for the sole purpose of private study, no part of this article may be reproduced, stored in any retrieval system, or transmitted in any form or by any means, whether electronic or mechanical, including photocopying and recording, without the written permission of the Institute.

Prepared by Dr S Chandra Mohan for the Postgraduate Practical Law Course.