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

• Main Author: Mohamad Yunus, Mohamad Ismail
• Format: Article
• Language: English
• Published: National University of Malaysia 2021
• Subjects: K Law (General); K85 Legal research
• Online Access: http://irep.iium.edu.my/96360/11/96360_Onus%20and%20quantum%20of%20proof%20for%20breaching%20the%20standard%20of%20procedure.pdf; http://irep.iium.edu.my/96360/; http://ejournal.ukm.my/juum/article/view/48872/12711; https://doi.org/10.17576/juum-2021-S1-04

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.