Edited by WhiskeyScotch at 15-3-2017 09:43 AM
Okeyh macam ni Juliez. Let me explain one by one about proving criminal charges in the real practice ye.
For your info, a person may be charged with several offences using a single set of 'facts'. Namun, pihak pendakwaan iaitu DPP must be veryyy careful with how it proceeds. This is because a person who is acquitted cannot normally be subjected to a further prosecution in the future using the same facts.
Dalam kes-kes jenayah, it is up to the DPP to prove the elements of the offences beyond reasonable doubt. Untuk prove the elements, the DPP harus mengambil kira segala bukti yang ada berdasarkan fakta kes yang diterima. In this case, the prosecution will use the evidence that police gather during the course of investigation as well as any evidence from experts and other sources.
Setelah mengambil kira bukti yang ada berdasarkan fakta kes yang diterima, then the DPP will proceed with the charges. Usually, the DPP will provide the court with main and alternative charges.
What is main and alternative charges?
The prosecution will often charge a person with a main charge (which is usually the most serious charge) followed by alternative or ‘backup’ charges (which are usually less serious).
The prosecution will likely aim for a conviction in respect of the most serious crime/s.
However, the most serious offences will often be the hardest to prove because they may have a greater number of elements and/or more difficult elements to establish. In some cases, they may also require proof of a particular state of mind eg an “intention” to cause a particular outcome rather than just “recklessness”.
To reduce the chance of an accused person getting off ‘scot-free’, the prosecution will often include charges that are easier to prove – which are the alternative charges or ‘backups’.
Alternative charges often have some, but not all, of the same elements as the main charge, and will usually carry lower penalties.
In some cases, the magistrate/judge may find an accused person ‘not guilty’ of the main charge but guilty of the backup.
In conclusion, although a person can be charged with multiple offences over the same incident, the prosecution must be careful about how it proceeds with the charges, and that it chooses the right alternative charges.
Hope this helps.
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Post time 15-3-2017 05:35 PM
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