Hashim Yeop Sani SCJ:

Two questions were posed to us under s. 66(1) of the Courts of Judicature Act 1964 as follows:

(a) Whether on a charge under s. 420 of the Penal Code where an accused person is called upon to enter his defence there is in law a burden cast upon him to prove any of the facts upon which his defence is based.

(b) If the answer to question (a) is in the affirmative then, to obtain an acquittal whether in law it is incumbent upon an accused person to prove the facts upon which he relies on a balance of probabilities, or is it sufficient to raise a reasonable doubt.

The applicant was originally charged in the Kajang Magistrate's Court for an offence under s. 420 of the Penal Code. He claimed trial and the matter proceeded for several days. In the event, at the end of the prosecution case the learned Magistrate ruled that a prima facie case had been established against the applicant on the amended charge and called upon the applicant to enter his defence.

Upon hearing the evidence for the defence, the learned Magistrate held that a reasonable doubt had been created and on 17 July 1984 she accordingly acquitted and discharged the applicant. On 25 July 1984 th