CHAPTER 1: MURDER

DEFINITION

The act of causing the death of another human being with the
presence of necessary element listed under Section 300 limbs (a) to
(d).
In order to establish the liability of the accused, we have to analyze
whether his act falls under any of the limbs under Sec.300.
HOW TO ESTABLISH MURDER
Sec.300 Limbs (a): Intention

Tan Hoi Hung

o Intention can be defined as when a man consciously shaping his
conduct to achieve certain outcome.
o Intention can be seen from :
Nature of the injury
The place of injury
Method of infliction (Usage of weapon)

Tan Buck Tee

o The deceased had 5 serious wound penetrated to his heart due to
violent blows of an axe.

Ghazali Mad Ghani v PP

o The deceased was shot at a close range with a rifle which caused
him to die.

PP v Mohd Asmadi Yusof

o The accused used a brick to cause an injury towards the victims
held. The court was in an opinion that the nature of the accuseds
assault and the long standing feud between the accused and the
victim shows the intention to kill the victims.

Sec.300 Limbs (b): Actual knowledge that such injury would likely to cause
the death of the victim

The offender must have an actual knowledge regarding the condition

of the victim.
Mere probability is not sufficient
Illustration (b) of Sec.300

Sec.300 Limbs (c): Intention to cause bodily injury sufficient in the ordinary
cause of nature to cause the death of another person

Yap Biew Hian v PP

o Firstly, determine whether such injury inflicted was intentionally
or accidentally committed.
o Second, whether it is sufficient to cause a death.
o When there is sufficient injury, there is a high possibility for the
victim to die.
PP v Aziz Mat Syah
o The offence of murder was established when the intention and
the injury co-exist in which later cause the death of the victim.
o The deceased slapped a 3 years old baby, punch her in the
stomach, and later used a pillow to cover the babys face to stop
the baby from getting oxygen.
o Such act was sufficient to cause the victim to die within a
minutes.

Sec.300 Limbs (d): Offenders knows that his act is imminently dangerous
which can cause a death

Two elements must be fulfilled.

o The offenders knows that his act is imminently dangerous which
can cause a death
o Done without a lawful excuse Illustration (d) Sec.300

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HOW TO ANSWER

Introduction

The parties involved in this situations are, A (Accused) and B (Victim).

The issue in this case is whether A can be held liable for the offence of
murder under Sec.300 of the Penal Code and punishable under Section
302 of the same code for causing the death of B.
Murder can be defined as an act of causing the death of another
human being with the presence of necessary element listed under
Section 300 limbs (a) to (d).
In order to establish the liability of the accused, we have to analyze
whether his act falls under any of the limbs under Sec.300.

Conclusion

As a conclusion, A may be held liable/not liable for the offence of

murder as define under Section 300 limb (a) of the Penal Code and
punishable under Section 302 of the same code for causing the death
of B.