Chapter 18 - Special Procedures

Question 1

SPECIAL PROCEEDINGS

Overview

Answer 1

1) Relevant statutory provisions
2) Practice directions
3) Recent case

Question 2

SPECIAL PROCEEDINGS

Relevant statutory provisions

Answer 2

S.328 - S.341A:

Meaning of “cause of death”: Section 328 CPC

Duty of police officer to investigate death: Section 329 CPC

Duty of officer to arrange for post-mortem examination in certain cases: Section 330 CPC

Post-mortem examination of body: Section 331 CPC

Report of Government Medical Officer: Section 332 CPC

Duty of Magistrate on receipt of report: Section 333 CPC

Inquiry into cause of death of a person in custody of police or in any asylum: Section 334 CPC

Powers of Magistrate: Section 335 CPC

Magistrate may view body: Section 336 CPC

Inquiries to be made by Magistrate: Section 337 CPC

Evidence and findings to be recorded: Section 338 CPC

Power of Public Prosecutor to require inquiry to be held: Section 339 CPC

Admissibility of medical report in certain cases: Section 340 CPC

Custody of proceedings: Section 341 CPC

Question 3

SPECIAL PROCEEDINGS

Practice directions

Answer 3

PD 1/2007

PD 2/2014

Question 4

RECENT CASE ON DEATH INQUEST

Standard of proof

Answer 4

Teoh Meng Kee v PP:

• Civil standard on a balance of probabilities.
• Briginshaw sliding scale needs to be observed;
• i.e. different levels of persuasion or satisfaction being necessary for the various matters a coroner is required to find.
• i.e. where the matters that are the subject of the coroner’s findings are very serious or approximate criminal conduct, the finding will be on the upper end of the balance of probabilities.

Question 5

RECENT CASE ON DEATH INQUEST

Open verdict in Malaysia

Answer 5

Teoh Meng Kee v PP:

• The open verdict is part of the established jurisprudence in Malaysia.
• It should not be removed from our law without a compelling justification.