Onus and quantum of proof for breaching the standard of procedure (SOP) during the movement control order (MCO)

Mohamad Yunus, Mohamad Ismail (2021) Onus and quantum of proof for breaching the standard of procedure (SOP) during the movement control order (MCO). Jurnal Undang-Undang dan Masyarakat, Special Issue On Covid-19 and The Law. pp. 37-43. ISSN 1394-7729

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Abstract

The legal issue is on whom the onus (burden) of proof lies and what is the quantum (standard) of proof required for offence of disobeying social distancing during the movement control order, be it conditional, restricted or recovery? The standard of procedure always changing based on the types of movement control order made by the Federal Government. In the New Straits Times dated 4 April 2021, it was reported that 17 citizens were compounded for not practicing social distancing. Many questions raise as what is the real meaning of social distancing? In which type of offence the social distancing offence lies on? What are the element(s) that will constitute the offence? All of these issues will be highlighted in this paper.

Item Type:	Article (Journal)
Additional Information:	1688/96360
Uncontrolled Keywords:	Burden of proof; standard of proof; standard of procedure; movement control order; strict liability offence
Subjects:	K Law > K Law (General) K Law > K85 Legal research
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	19 Jan 2022 14:27
Last Modified:	17 Mar 2022 12:51
URI:	http://irep.iium.edu.my/id/eprint/96360

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