CHAPTER 4: RELATIONSHIP BETWEEN SECTION 11(B) AND SECTION 54
4.1 General Concept of Section 54 Section 54 relates to the inadmissibility of previous bad character of a person. However, Section 54(2)(a) provides for the admissibility of character evidence under other provisions of Evidence Act or Similar Fact Evidence (SFE) as to show guilt of the accused person. If the bad character evidence has been rendered admissible through SFE, therefore, this section has no application. This means that SFE prevails over Section 54.
4.2 Limitation of Section 11(b) Augustine Paul agrees that SFE overrides Section 54 and he further stated that Section 11 is not included and could not be used to admit SFE. As seen in the case of Public Prosecutor v Dato’ Seri Anwar Bin Ibrahim, Augustine Paul has referred to Section 54 in interpreting Section 11(b) of the Evidence Act. He stated that; “It must be observed that Section 11 must be construed as being limited in its operation by Section 54.
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The court here is in line with the idea of Augustine Paul in Dato’ Seri Anwar Ibrahim’s case where, Section 54 should prevail over Section 11, being so SFE cannot be brought in under Section 11. For example, the possession of a number of documents suspected to be forged by a person is no evidence to prove that he has forged that document, with the forgery of which he is charged with. Even though it is coaching, if is not connected then SFE cannot be brought in. In this Indian case, the West J decided that when a person charges another with having forged a promissory note, and denies having ever executed any promissory note at all, the evidence that a note, similar to the one alleged to be forged, was in fact executed by that person is not
The 54th Massachusetts Regiment The 54th Massachusetts Regiment was arguably the most famous of all the black fighting units during the Civil War. Facing the third year of the war, Abraham Lincoln the nations 16th President issued the Emancipation Proclamation on January 1, 1863, freeing all slaves in rebellious states giving free black Americans the right to bear arms (Jordan and Hughes 17-19). Up to this point African-Americans were not allowed to take part in the ranks of the Union army front line because of a 1792 law that barred “persons of color from serving in the militia” (Kashatus 22); however, history has shown that in 1862 former slaves and freedmen were already serving in the US. Navy in lowly positions, and had
Missouri Veterans Commission is a state agency that provides veteran benefits. It was established by the Missouri Statute. The state of Missouri is one of the top states for veteran benefits. The size of a hierarchy varies depending on a variety of things.
After declaring independence from Great Britain, the United States needed an established document to help unify the colonies. The Articles of Confederation was the first documented “Constitution” the Unites States ever had. The Articles of confederation was created to push for the individual states to come together and act as a one. Almost being like a rough draft, this document was a loose outline for the federal government that was meant to help defend the country from foreign attacks and promote economic growth. The weak document led to the eventual ratification that allowed the nation to adopt the new and improved Constitution.
Id. The court examines a variety of sources of extrinsic evidence, such as the legislative history and legislative intent. Id. at 310. The court started by analyzing the plain language of N.J.S.A. 9:6-8.21(c)(4)(b) which does not imply that when a parent fails to perform a cautionary act does not mean it is abuse or neglect. Id. at 307.
The final accusation basically restated previously mentioned fails to comply. The state argued that the business continued to operate under illegality due to the law previously set. It was the main argument for the state, yet was clearly set to deter the activity of the organization. The organization responded with a truthful statement.
What is described in the first three articles of the Constitution? The first Constitution article outlines the organizational structure and bylaws of the House of Representatives and the Senate. The section also defines legislative member term lengths, legislative candidate requirements – such as age and residency restrictions - and how the government will decide each state’s fiscal responsibility (based on population) to the federal government. Article 2 describes the qualifications, duties and rights of POTUS, while Article 3 describes US judicial system organizational structure and the duties and rights of United States judicial officials.
The Sons of Liberty was a secret organization that began its rage in 1765. This vicious group committed cruel and brutal acts. They were set against the idea of the stamp act. Many believed that the sons of liberty were heroes, but truly they were an organization of fanatics. The name “ Sons of Liberty” was taken from Isaac Barre’s speech.
Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
P4- when looking at strategies and communication techniques used with different individuals with different needs whom need to overcome different challenges many aspects must be looked at. A challenge Patrick may face may be awareness and knowledge, he may face this as well as others. Patrick may be aware that he has HIV however he may not be aware how much this will effect him and he may not be aware how to deal with it as he may lack the knowledge. In order to overcome this Patrick could educate himself in depth on HIV, this will help him come to terms with it and will also help him to help others understand HIV. A challenge Alice may face might be acceptance or belief, she may not have the determination to become alcohol free and therefore
The first 10 amendments to the U.S. Constitution are collectively known as the Bill of Rights. Largely the product of James Madison, the 10 amendments officially became part of the Constitution in 1791, after being approved by Congress in its initial session in 1789. Initially, 12 amendments were adopted by Congress and sent to the states for ratification or rejection; the first two amendments were not approved, thus leaving the 10 amendments as we know them today. Madison 's speech in the U.S. House of Representatives on June 8, 1789, in which he argued persuasively for the insertion of a document to the Constitution that would protect "the great rights of mankind," still stands today as one of the most consequential speeches in the annals
Every freshman who enters a college campus next fall dreams of one thing: changing the world. Whether it be through ground-breaking research, amazing internships or access to accomplished alumni, every student wants to use their education to create change within their field and the world around them. And the Forty Acres Scholars Program does exactly that. By being a Forty Acres Scholar, I can grow, engage and ultimately change the world.
SOC 100 - Midterm Essay In the U.S., we were taught to categorize people into different “racial groups” such as White, Black, Asian, and so on, based on physical features, including skin color, hair texture, shapes of lips, and more. However, race is socially and not biologically constructed. According to the textbook, sociologists described race as a human invention which was shaped by social forces present in a time and place of its creation. There are three main arguments for why race is created and designed by society.
National Merit Scholarship Corporation Essay – Jacob Klenke Most people of academic achievement ought to be able to readily cite a vast number of supportive mentors. John Donne recognized this through one of his works, stating that “no man is an island”. I am no outlier to this trend, for I have an immensely helpful family, superb educators, and friends that share similar interests in the world of science.
The story A & P by John Updike represents a quest because on this particular day in the store Sammy goes on a journey, faces challenges and discovers something about himself. Evidence of this from the story is first, due to the three girls entering his store Sammy is now on a journey of love with Queenie, even though she does not know it. From the moment he saw her she captured his eye becoming the only thing he could focus on and really care about in those moments of being in her presence. Another explain of Sammy being on a quest is the fact that he faced challenges and trials during the process. One of the challenges he faced is being scorned by the “witch” whom he was checking out when Queenie first entered the store because his attention
In the case study, I would like to use several theories and concepts to analysis the case of Susan. I would briefly analysis the case by using social ecological theory and analysis in detail by using the relevant theories. According to the social ecological theory, the child development is supported by five subsystems, including the microsystem, mesosystem, exosystem, macrosystem and chronosystem (Bronfenbrenner, 1979). Microsystem is related to the child has direct interaction with, including classmates and parents.