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Subramaniam v. Public Prosecutor

Judicial Committee of the Privy Council
100 Solicitor’s Journal 566 (1956)


Facts

Subramaniam (defendant) was found by security forces and upon searching him, they found ammunition on his person, which was illegal. Subramaniam claimed that he had been captured by terrorists and was under duress which was the reason he was carrying the ammunition. In supporting his defense, Subramaniam sought to introduce into evidence what the terrorists said to him. The High Court of Johore Bahru excluded the evidence and convicted Subramaniam. The Supreme Court of the Federation of Malaya dismissed Subramaniam’s appeal. Subramaniam appealed.

Rule of Law

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Issue

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Holding and Reasoning (De Silva, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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