Section 76
Proof of conviction and acquittal
For the purposes of any proceedings under this Act, the fact that a person has been convicted or acquitted of an offence by or before any court in Malaysia or by a foreign court shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed or did not commit that offence,
114 Laws of Malaysia whether or not he is a party to the proceedings, and where he was convicted whether he was so convicted upon plea of guilt or otherwise.
(2)
The court shall accept the conviction referred to in subsection (1)
as conclusive unless—
(a)
it is subject to review or appeal that has not yet been determined;
(b)
it has been quashed or set aside; or
(c)
the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive.
(3)
A person proved to have been convicted of an offence under this section shall be taken to have committed the act and to have possessed the state of mind, if any, which at law constitute that offence.
(4)
Any conviction or acquittal admissible under this section may be proved—
(a)
in the case of a conviction or acquittal before a court in
Malaysia, by a certificate of conviction or acquittal, signed by the Registrar of that court; or
(b)
in the case of a conviction or acquittal before a foreign court, by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of that foreign State, giving the substance and effect of the charge and of the conviction or acquittal.
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