Tutorial Exercise/Assessment

The accused a Rohingyan working in Malaysia, was convicted of murder. A few days before the
deceased was killed, the deceased’s assistance was solicited by a friend to settle a dispute between the
friends, two roommates and another person, who was a friend of the accused. A few days later, this
friend and the deceased on the latter’s request went to the accused’s room. Deceased was in
quarrelsome mood having drunk too much. At the house, the deceased had aggressively and repeatedly
challenged the accused to fight. The accused then caught the deceased. The deceased fled and was
chased by the accused. Deceased fell. The accused started kicking the deceased twice or thrice. He then
took a chopper and stabbed between the deceased’s neck and stomach as the latter was lying on the
road.

It was argued by the defense on the issue of provocation that the accused was a Rohingyan who
had no right to live and work in Malaysia; that he was living in fear that discovery of the authorities
could result in his being thrown out of Malaysia, that on the night on question deceased had referred to
this sensitive subject when he asked aggressively challenged to accused, who has given house to
Rohingyans followed by a challenge to a fight and that this had caused the accused to lose his self-
control and attacked the accused.

Discuss whether the causing of death may have fallen under the exception to S. 300.

(Marks: 10)

Note: Students are given the OPTION to choose from ANY submitted answers to be included for the
purpose of Continuous Assessment.