SHIFTING THE BURDEN OF PROOF TO
THE FROM THE PROSECUTION TO THE DEFENDANT
s. 106 Evidence Act 1950
When any fact is especially
within the knowledge of any person, the burden of proving that fact is upon
him. The rational:-
PP v Hoo Chee Keong
Here, the accused had used 3
forged credit cards. It is then up to the accused to prove that he genuinely
did not know that the credit cards were forged.
… is an exception to s. 101 of
the Evidence Act 1950… designed to meet certain exceptional cases in which it
would be impossible, or at any rate disproportionately difficult for the
prosecution to establish facts which are ‘especially’ within the knowledge of
the accused and which he could prove without difficulty or inconvenience.
It should be noted that the word
“especially” used in s.106 of the Evidence Act 1950 is discussed in the
subsequent cases:-