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    La Ode

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    Morgan Phrasaddha Naidu Puspakaran
    The appellant, a bank security guard, discharged his pump gun during a robbery, killing another employee. He claimed it was an accident, but experts found the gun could only fire by pulling the trigger and he had set it to the fire position. The court found his actions were intentional, not lawful, and done without proper care, so the defense of accident did not apply to his charges of murder and discharging a firearm during a robbery.

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    La Ode

    Uploaded by

    Morgan Phrasaddha Naidu Puspakaran
    613 views1 page
    The appellant, a bank security guard, discharged his pump gun during a robbery, killing another employee. He claimed it was an accident, but experts found the gun could only fire by pulling the trigger and he had set it to the fire position. The court found his actions were intentional, not lawful, and done without proper care, so the defense of accident did not apply to his charges of murder and discharging a firearm during a robbery.

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    The appellant, a bank security guard, discharged his pump gun during a robbery, killing another employee. He claimed it was an accident, but experts found the gun could only fire by pulling the trigger and he had set it to the fire position. The court found his actions were intentional, not lawful, and done without proper care, so the defense of accident did not apply to his charges of murder and discharging a firearm during a robbery.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    613 views1 page

    La Ode

    Uploaded by

    Morgan Phrasaddha Naidu Puspakaran
    The appellant, a bank security guard, discharged his pump gun during a robbery, killing another employee. He claimed it was an accident, but experts found the gun could only fire by pulling the trigger and he had set it to the fire position. The court found his actions were intentional, not lawful, and done without proper care, so the defense of accident did not apply to his charges of murder and discharging a firearm during a robbery.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Case Name: La Ode Ardi Rasila v Public Prosecutor [2016] 1 MLJ

    Brief of fact:

    The appellant, who was a Relief Security Guard at a bank, had discharged a pump gun
    that he was carrying, which had caused the death of Norazita bt Abu Talib, the deceased. Right
    after the shot, the appellant had emptied the money in the vault room and went disappeared for
    18 days. He was arrested under the charge of Section 302 of Penal Code for causing the death
    of the deceased and the offence of discharging the firearm with intent to cause death while
    committing a robbery, prescribed under Section 3 of Firearms Act 1971. In his defence, he
    plead for defence of accident or misfortune under Section 80 of Penal Code. He gave evidence
    that he had no intention to shoot the deceased as the gun had discharged accidentally when he
    was about to pump it.

    Charge Section:

    (1) Section 302 of Penal Code

    Causing the death of a person

    (2) Section 3 of Firearms (Increased Penalties) Act 1971 (‘the Firearms Act’)

    Discharging a firearm with intent to cause death while committing robbery

    Application of Sec. 80 of Penal Code: Not applicable

    Summary:

    According to Section 80, the defence of accident is available if the accused was doing
    a lawful act in a lawful manner, by lawful means and with proper care and caution at the time
    of the accident or misfortune. In this case, there was nothing accidental about the shooting
    because it was clearly an intentional act as the appellant had set the safety lever of the gun to
    ‘fire’ position before he carried out the robbery. Expert’s evidence stated that the gun could
    only fire by pulling the trigger, mechanical failure could be ruled out. At the time of the
    purported accidental discharge, appellant was not doing a lawful act in a lawful manner, by
    lawful means and with proper care and caution.

    Hence, the appellant could not avail himself of the statutory defence.

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