MURDER

LIMB A OF SECTION 300 The parties involve are A as the accused and B as the victim. Then, the issue here is whether B can be held liable for 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. LAW PRINCIPLE Section 300 defines murder as causing the death of another human being with the necessary element as stated under limb (a) to limb (d). In determining whether X can be held liable, we have to see whether his acts fall within the ambit of limb (a). Limb (a) only requires an intention to kill. In Tan Hoi Hung, intention is defined as when a man is consciously shaping his conduct so as to achieving his conduct to bring out a certain event. Intention can be inferred from the facts of the case namely from (1) the nature of the injury, (2) the place of injury, (3) the method of infliction and (4) the use or nature of weapon. In Tan Buck Tee v PP, the deceaseds body had 5 appalling wounds, wounds which penetrated to the heart and liver. In the view of the court, the wounds would have been caused by violent blows with a heavy instrument like an axe. In the absence of anything else, whoever inflicted these blows must have intended to kill the person. In Ghazali Mat Ghani v PP, the accused shot the deceased at a close range with a rifle. The cause of death was a fatal shot in the heart. The accused was convicted of murder. On appeal, the conviction was correct as the appellant had inflicted the injury to the deceaseds heart and caused his death. In PR v Mohd Asmadi bin Yusof, the accused intended to cause the deceaseds death based on the serious injuries inflicted on the head. There was evidence that the accused struck the deceaseds head with bricks. The court held that the violent nature of the accuseds assault and the long standing feud between the accused and the victim showed the accuseds intention was with an intention to kill. APPLICATION

CONCLUSION In conclusion, A may be held liable for 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.

LIMB B OF SECTION 300 The parties involve are A, the accused and B, the victim. The issue is whether A may be held liable for murder as define under Section 300 limb (b) of the Penal Code and punishable under Section 302 of the same code for causing the death of B. LAW PRINCIPLE Section 300 defines murder as causing the death of another human being with the necessary element as stated under limb (a) to limb (d). In determining whether A can be held liable, we have to see whether his acts fall within the ambit of limb (b). Limb (b) requires the offender not only intends a bodily injury but he must have the knowledge that the injury is likely to cause death. The knowledge here refers to the personal knowledge of the accused which resulted in the death of the victim. The offender must have special knowledge of the victim and knows that an act will result the death of the victim even though such bodily injury would not cause the death of any person in good health. This knowledge required refers to a certainty and not a mere probability. This can be illustrated in the first half of illustration (b) of Section 300. In the illustration, [A knows that Z is labouring under such a disease that a blow is likely to cause his death, strikes him within the intention of causing bodily injury. Z dies in the consequence of the blow. A is guilty of murder, although the blow might not have been sufficient to in the ordinary course of nature to cause the death of a person in a sound state of health. If the act done is accompanied with intention of causing bodily injury likely to cause death and it was not known that it was likely a consequence, it is a culpable homicide]. APPLICATION

CONCLUSION In conclusion, A may be held liable for murder as define under Section 300 limb (b) of the Penal Code and punishable under Section 302 of the same code for causing the death of B.

LIMB C OF SECTION 300 The parties involve are A, the accused and B, the victim. The issue is whether A may be held liable for murder as define under Section 300 limb (c) of the Penal Code and punishable under Section 302 of the same code for causing the death of B. LAW PRINCIPLE Section 300 defines murder as causing the death of another human being with the necessary element as stated under limb (a) to limb (d). In determining whether A can be held liable for murder, we have to see whether his act falls within the ambit of limb (c). Limb (c) requires an intention to cause bodily injury sufficient in the ordinary course of nature to cause death of another person. In proving the criminal liability, we must first identify whether the act was inflicted intentionally or accidental. Second, whether the injury is sufficient to cause the death of a person. In Yap Biew Hian v PP, the court gave a guideline that a sufficient injury means there is a high probability of death in such instance. Circumstantial cases - depending on the question MURDERING CHILDREN - In PP v Aziz Mat Shah, the accused was charged for murdering a 3 year old child. The accused after work had slapped the deceased, punch her in the stomach and chest and used a pillow to cover the deceaseds face before she stopped crying. The court held that the sufficiency is the high probability of death in the ordinary way of nature, and when exist and death ensues followed by the intention to cause such injury, the offence is murder. MURDERING GIRL IN THE PROCESS OF RAPE In the case of PP v Mohd Abbas, the accused was charged with murder of 10 years old girl who had been strangled while being raped by the accused. The court held that it was murder falls under all limbs in section 300 as the act was done by the accused with intention, sufficient in ordinary cause of nature to cause death or the act known to him to be imminently dangerous that it must in all probabilities to cause death. PP V ABDUL RAZAK DALEK the accused stabbed and slit her wife. Tan Cheow Bock v PP the accused stabbed the victim mouth when he tried to rob her as she was shouted. Intention to cause injury is determine whether he had intentionally caused the fatal injury. APPLICATION

CONCLUSION In conclusion, In conclusion, A may be held liable for murder as define under Section 300 limb (c) of the Penal Code and punishable under Section 302 of the same code for causing the death of B.

LIMB D OF SECTION 300 The parties involve are A, the accused and B, the victim. The issue is whether A may be held liable for murder as define under Section 300 limb (d) of the Penal Code and punishable under Section 302 of the same code for causing the death of B. LAW PRINCIPLE Section 300 defines murder as causing the death of another human being with the necessary element as stated under limb (a) to limb (d). In determining whether A can be held liable for murder, we have to see whether his act falls within the ambit of limb (d). Limb (d) requires that the offender knows that his act is imminently dangerous that it must in all probability to cause death. There are two elements to this limb. Firstly, the act was done with knowledge that it is so imminently dangerous that it will cause death or injury likely to cause death. In PP v Kenneth Fook Mun Lee, the accused shot a lady who refused to come out from her car. The accused claimed that he was drunk at the time he took the shot which hit her vital organ. The court held that the accuseds act was imminently dangerous. Secondly, the act was done without lawful excuse. Illustration (d) of Section 300 provided that A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have a premeditated design to kill any particular person. APPLICATION In applying the law to the situation, As act was clearly a dangerous act as firing a gun is imminently dangerous at it is a weapon to kill. When A fired the gun, he has the knowledge that he might in all probabilities kill someone. CONCLUSION In conclusion, A may be held liable for murder as define under Section 300 limb (d) of the Penal Code and punishable under Section 302 of the same code for causing the death of B.