PP V Mahfar Sairan

300/302

299/204

304A

326

Tuto 9/10

a. Based on the case of PP v. Mahfar Sairan [2000] 7 CLJ 600, distinguish the differences
between an offence under section 299 and under section 304A.

Similarity
Actus reus – causing death
Causation -no break

Differences
Mens rea – intention, knowledge (299) no mr in 304A

b. Ahmad was a security guard for a jewellery shop and he was armed with a loaded gun.
One night when his work almost ends, he saw a man wearing a full visor helmet walking
in a suspicious manner towards his shop. Ahmad became suspicion and stopped the man
while requesting the man to show his face. Ahmad at that time holds his gun in his right
hand. As the man refused to follow his instruction, Ahmad fired a warning shot (don’t
have intention to kill the person) on the air and suddenly the man plunged Ahmad’s hand
and in the struggle Ahmad discharged a shot (rash) which struck the man’s chest. Ahmad
immediately asked for help and the man was taken to the General Hospital where the man
was declared dead as a result of the shot. Ahmad is now apprehended for the death of the
man where Ahmad claimed that he did not shot the man deliberately. Discuss Ahmad’s
criminal liability.

Lim Cheng Chooi (1982)- charged under 304A not under murder or culpable homicide