Scribd Logo
Upload

Welcome to Scribd!

  • 92 views

    Presentation Criminal

    Uploaded by

    LoveLyza
    The document discusses the exceptions to murder under the Penal Code in Malaysia. It outlines 5 exceptions: 1) Grave and sudden provocation, 2) Exceeding the right of private defence, 3) A public servant exceeding his power, 4) A sudden fight, and 5) Consent. For each exception, it provides the elements that must be established in order for the exception to apply. The key points are that the exceptions can reduce a charge of murder to culpable homicide if the elements are met.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Presentation Criminal

    Uploaded by

    LoveLyza
    92 views8 pages
    The document discusses the exceptions to murder under the Penal Code in Malaysia. It outlines 5 exceptions: 1) Grave and sudden provocation, 2) Exceeding the right of private defence, 3) A public servant exceeding his power, 4) A sudden fight, and 5) Consent. For each exception, it provides the elements that must be established in order for the exception to apply. The key points are that the exceptions can reduce a charge of murder to culpable homicide if the elements are met.

    Original Description:

    Exception in Murder

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the exceptions to murder under the Penal Code in Malaysia. It outlines 5 exceptions: 1) Grave and sudden provocation, 2) Exceeding the right of private defence, 3) A public servant exceeding his power, 4) A sudden fight, and 5) Consent. For each exception, it provides the elements that must be established in order for the exception to apply. The key points are that the exceptions can reduce a charge of murder to culpable homicide if the elements are met.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    92 views8 pages

    Presentation Criminal

    Uploaded by

    LoveLyza
    The document discusses the exceptions to murder under the Penal Code in Malaysia. It outlines 5 exceptions: 1) Grave and sudden provocation, 2) Exceeding the right of private defence, 3) A public servant exceeding his power, 4) A sudden fight, and 5) Consent. For each exception, it provides the elements that must be established in order for the exception to apply. The key points are that the exceptions can reduce a charge of murder to culpable homicide if the elements are met.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    LAW 555

    Criminal Law II
    By: Lizawati, Siti Fatimah, Naimah & Hanie
    Question 2

    In order to establish murder, in an act of wrongful killing of another human being,


    the act must be accompanied by a special degree of mens rea . Otherwise, the
    offence may be culpable homicide not amounting to murder or causing death by
    rash or negligent act, depending on the mens rea. Such an act may also be an
    offence of culpable homicide not amounting to murder, despite sufficient evidence to
    establish the offence of murder, if the accused is able to categorise his act within
    any one of the exceptions to murder.

    Based on the above paragraph and with reference to decided cases, discuss all of
    the exceptions to murder as provided under the Penal Code. (20 marks)
    Section 300 of Penal Code

    Murder

    Exception

    Exception 1 - Grave & Sudden Provocation


    Exception 2 - Exceeded the right of private defence
    Exception 3 - Public Servant Exceeding his Power
    Exception 4 - Sudden Fight
    Exception 5 - Consent
    Exception 1: Grave and
    sudden Provocation

    Applicable when an accused is deprived of his power of self-control by grave


    and sudden provocation and causes the death.

    Elements:
    1. Provocation must be grave and sudden to deprive the accused of the power
    of self-control - Chong Teng v PP (1960)
    2. There must be a link between the provocation and the killing - Koh Swee
    Beng (1990)
    3. No cooling period - Mohd Yassin (1994)
    4. Proportionality of retaliation - AG For Ceylon and Don John Perera (1953)
    and N Govindasamy V PP (1976)
    Exception 2 - Exceeded the right of
    private defence

    applicable when an accused has exceeded what is required objectively for the
    purpose of private defence but was in the position whereby he was not able to
    estimate whether he has done what is required to defend himself.

    Elements:
    1. The right of private defence arises ( S96-105 PC) - PP v Dato' Balwant Singh
    2. The right has been exercised in good faith - Teoh Seng Lian (1986) v PP
    3. It must not be done with an excessive harm than what is necessary for the
    defence of property or the person - Soosay v PP
    4. It must not be done with the intention of premeditation
    Exception 3 - Public Servant
    Exceeding his Power

    a public servant or aiding as public servant acting for the


    advancement of public justice.

    Elements:
    1. The accused must be a public servant, which mean to advance
    the public justice.
    2. He is exceeding the power given by law and caused death.
    3. He takes action in good faith and believe that it is lawful and
    necessary.
    4. The act must be performed without any will-ill towards the victim -
    Dakhi Singh AIR (1955).
    Exception 4 - Sudden
    Fight

    Elements:
    1. sudden fight in the heat of passion upon a sudden
    quarrel - SIS V State of Punjab (1973)
    2. Absence of premeditation - Kirpal Singh AIR
    (1951)
    3. No undue advantage or acted in a cruel or unusual
    manner - Mohd Kunjo v PP (1978)
    Exception 5 - Consent

    It is not a murder when the death is caused to a person above 18


    years old, who suffers death or risk of death with his own consent
    (Section 90 Penal Code)

    Elements:
    1. the consent must be voluntary and genuine consent and not
    based on a misconception of fact - Poonai Fatimah (1869)
    2. The consent must be unequivocal and not an expression of
    willingness, to die as one possible option - Ambalathil Assainar
    (1955),

    You might also like