Crminal Law Presentation

Tan Wye Nye

1151300055
Narendran Letchiemanan 1151303168
Veeranesh Babu
1151301949
Ooi Liang Chia
1151300882

Issue

Whether Jerry (the defendant) is liable in murder

under section 300 of the Penal Code for hitting
Mill (the deceased) in his chest with a stick?

Elements of Crime
(i) Actus Reus

Tham Kai Yau v PP

In the case, the deceased died from several blows by

the four defendants using saw and choppers. The act of
stroking the blow has constituted to actus reus. The
actus reus in the present case is the act of the
defendant hitting the deceased in the chest using a
wooden stick which later directly has caused death
because of the rusty nail attached to the wooden stick.

(ii) Causation
-

Both the factual and legal cause must be

present to constitute a valid reason to a
crime
R v White (Factual Cause)

whereby the accused intended to poison

his
mother. However, the fact that the
mother died
of a heart attack instead of
the poison had
negated the but-for
test.

R v Smith (Legal Cause)

The deceased was injured during a fight and suffered

haemorrhage. Despite the fact that he was being
dropped twice on the way for treatment and received a
bad treatment upon arrival, the accused was
nevertheless held to be liable as the injury caused was
the operating and substantial cause of the death of the
deceased.

No Break of Causation
D Yohannan v State of Kerala
It was held that the time gap between the time of infliction
of the injury and the time of the victim receiving medical
aid is not a valid break of causation.

(ii) Section 300 (c) provides that culpable homicide is

murder if it is done with the intention of causing
bodily injury to any person, and the bodily injury
intended to be inflicted is sufficient in the ordinary
course of nature to cause death.

magnitude of force applied

major blood loss caused by the defendant will not in
ordinary course of nature to cause sudden cardiac arrest
that led to the deceaseds death.
the major blood loss caused by the defendant was not
done with intention.

(iii) Mens Rea

Mens rea is known as the mental state of the
accused when committing the crime or the
intention of the accused of committing the crime.

*We will discuss more on mens rea in section 299 and section
300.

Charge by Public Prosectutor - Section

300 of Penal Code
Section 300 (a) states that culpable homicide is murder if it
is done if the act which caused death is done with the
intention of causing death.

Mohd Yazid bin Hashim v PP

Intention can be inferred if the murder is committed in a

particularly gruesome, violent and savage manner; or when
extensive wounds are found on the body of the victim. In the
case, the accused was charged under s 300(a) as it was
evident that the accused had the intention to murder. This
could be inferred from two situations. Firstly, there were
several successive blows and; secondly, the nature of head
injury which included fractured scar.

Ghazali Bin Mat Chani v PP

The use of dangerous weapon can also lead

to the inference that one has intention to cause
death. In this case, the weapon used was a gun.

Defence by Defence Counsel Exception 1 to Section 300

First exception to section 300 provides that culpable homicide

is not murder if the offender, whilst deprived of the power of
self-control by grave and sudden provocation, causes the
death of the person who gave the provocation, or causes the
death of any other person by mistake or accident

Lorensus Tukan V Public Prosecutor

The test of "grave and sudden" provocation is whether a

reasonable man, belonging to the same class of
society as the accused, placed in the situation in which
the accused was placed would be so provoked as to
lose his self-control.

PP v Subir Gole

the deceased had verbally abused the respondent for over a

significant period of time. One day, the deceased insulted
respondents mother with abusive words. The respondent
stabbed the deceased 3 times and caused the death of the
deceased. The court reduced the original charge to one of
culpable homicide not amounting to murder under s 304(b) of
the PC and sentenced the respondent to ten years of
imprisonment.

Application of Section 299

Section 299 of Penal Code states that, whoever causes
death by doing an act with the intention of causing death,
or with the intention of causing such bodily injury as is
likely to cause death, or with the knowledge that he is
likely by such act to cause death, commits the offence of
culpable homicide.

Hanif Mohammad Ali v PP

The accused was charged under Section 300(c) for causing

death of his 7 year old child. The trial judge charged the
accused under Section 300(c) on the ground that the accused
would have knowledge that the injuries caused by him would
lead to death. However, the court of appeal later overruled the
trial judges decision and held that the accused did not actually
mean to cause the death of the child as the post mortem report
states that the victim has died because of the injuries inflicted
upon his neck. The accused claims that the he did not cause
any injury towards the neck of the victim. Hence, the court
found that there was no evidence the appellant have caused
the injuries on the deceased neck.

PP vs Steven Lani

the accused was charged under Section 302 for the

murder of the accused. It was known that the respondent and
the victim did not have any ill feeling between them in which
the respondent stabbed the victim in his cheek and later on his
arm and his armpit which caused the death because of the
vital vein running through the armpit. The high court where it
was appealed by the defence counsel has claimed that the
accused should be charged under Section 299 punishable
under section 304(a) of Penal Code. The high court decided
alongside for the defence counsel where it is deemed that the
accused caused the injury without the intention of causing
death.

PP v Jee Chai Foo

The high court judge had charged the accused

under Section 302 in which the Court of Appeal
decided against the decision of High court. The
Court of Appeal decided to charge the accused
under Section 299 cause of committing culpable
homicide not amounting murder.

Section 304 -Punishment for culpable

homicie not amounting to murder
Section 304(b) states that, whoever commits culpable
homicide not amounting to murder shall be punished with
imprisonment for a term which may extend to ten years or
with fine or with both, if the act is done with the knowledge
that it is likely to cause death, but without any intention to
cause death, or to cause such bodily injury as is likely to
cause death.

Poh Weng Nam & Anor v PP

the court has reduced the charge of the accused from

Section 302 of death punishment to Section 304(b)

in

which only imprisonment.

Public Prosecutor v Zainal Ariffin bin Abu Bakar

the accuses has no knowledge of which where his act

caused the death of the victim. Hence the accused
was charged under Section 304(b) of Penal Code
because of the act of dumping the victim that was
likely to cause death.