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Culpable Homicide & Exceptions to s300

Culpable Homicide & Exceptions to s300

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Published by Faiziana Basir
Criminal Law 2 (malaysia & singapore)
Criminal Law 2 (malaysia & singapore)

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Published by: Faiziana Basir on Jun 06, 2012
Copyright:Attribution Non-commercial

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08/03/2013

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Introduction
Culpable Homicide Not Amounting toMurder
Exceptions to s300
i.
Provocation
ii.
Exceeding Right of Private Defence
iii.
Public Servant Exceeding Powers
iv.
Sudden Fight
v.
Consent
1
 
When the accused fulfill the elements of 
mens rea 
under s300, he will be guilty of murder.
H/e, where there is insufficient evidence to
prove the
mens rea 
, the accused may be
guilty of 
i.
Culpable homicide not amounting tomurder; or
ii.
Causing death by rash or negligent
2
 
The accused may also be guilty of culpable
homicide not amounting to murder even if there is sufficient evidence to establish theoffence of murder BUT the accused is able tobring his act within one of the FIVEexceptions to s300.
i.e. provocation, exceeding right of private
defence, public servant exceeding powers,
sudden fight and consent.
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