1. (b) What is a statement of facts? Will there be a need to support your statement of facts with exhibits, if so under what circumstances?

After the plea of guilty, the court will not record a finding of guilt immediately but will ask the prosecution to provide the statement of facts of the case and to take evidence of the nature of the charge before passing sentence this to ensure that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him. If the offence is simple, the facts would be as per the charge.

If the case is complicated, the prosecution should furnish other facts which material to the case. Then, the accused must be asked if he admits to the facts. If he or she denies, the court should reject the plea of guilty and set the case down for hearing. If he or she admits, the court must record the finding of guilty, dispose of the case and must be satisfied that the facts support the charge.

Under Section 173 (c) of the Criminal Procedure Code, provides that if the accused refuses to plead or does not plead or claims to be tried, the court shall proceed to take all such evidence as may be produced in support of the prosecution. In addition to the three situations where trials may be held, the case will also go to trial even when the accused pleads guilty; it is because the plea is not unreserved, unqualified or unequivocal.

The evidence to be taken here includes exhibits or documents or things forwarded as evidence. The real evidence that reasonable to prove the case should bring to the court in order to prove the prosecution case. If in the event, cannot bring the exhibits or things to the court, the prosecution can tender the evidence in the form of photos. Thos principle well stated in the case of Chong Ah Chai & Ors v PP.

In the case of Chong Ah Chai & Ors v PP [1], the accused were charged with theft of a theft of a cement-mixer. At the trial, the cement-mixer was not produced as an exhibit but the prosecution stated that it may be viewed at the location where the offence was committed, if necessary, because it is too heavy to be brought to the court. Therefore, held that the stolen cement mixer could be viewed at the location as it was too heavy to bring it to the court.

In the case of Mohamed Said [2], where after 6 witnesses had given evidence for the prosecution, the prosecution could not proceed as two material witnesses could not be traced and produced at the trial whereupon the Magistrate discharge the accused as the Magistrate found that the prosecution had not successfully established a prima facie case against the accused. On appeal, Mohamed Azmi J. confirming the order of acquittal held that “ adopting that principle of criminal law, I hold the view that the words “all such evidence” in paragraph (c) ... of Section 173 CPC must refer to available evidence at the time o trial. It cannot refer to non-available evidence at the trial. In short, ‘all such evidence as may be produced in support of the prosecution’ refers to all those evidence which the prosecution thinks will prove his case. It cannot refer to non- available evidence at the trial.

However, in PP v Zainuddin [3], the Supreme Court disagreed with the approach taken in Mohamed Said , in particular the terms of ‘all evidence available at that time’. In that case, these phrases also include evidence not available on the date of the trial as long as such evidence is material and needed to support the prosecution case.

In the case of Fook Fatt v PP [4], the High Court held that, by virtue of Section 173(c) of the CPC, if the evidence available and the prosecution was ready to proceed with hearing, as they having the conduct of the prosecution, the court should not interfere with the prosecution decision to proceed with the case and could not grant a discharge not amounting to an acquittal to the accused (the appellant) even though the investigations were underway as the prosecution had preferred a charge against the accused and was ready to proceed with the hearing.

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[1] [1949] 2 MLJ 262 Baljit PG 350

[2] [1984] 1 MLJ 262 Baljit pg 350

[3] [1986] 2 MLJ 100 at page 102, Baljit 351

[4] [2004] 1 MLJ 67 bajlit 351