Culpable homicide not amounting to Murder - Section 299 and 304(a) PDF

Preview

Summary

this might be helpful for you and study smart...

Description

CULPABLE HOMICIDE NOT AMOUNTING TO MURDER - s.299

Section 299 – 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.

Section 304(a) - Whoever commits culpable homicide not amounting to murder shall be punished— with imprisonment for a term which may extend to*thirty years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death.

Elements a) AR: The death of a person b) The death was caused by the act of accused c) MR: The accused either: i. Intended such act to cause death, OR ii. Intention to cause such bodily injury that was likely to cause death; OR iii. Knew that such act would be likely to cause death

Discuss AR

 Section 304(a)  Section 299  Ar- causing death

Mens Rea

-

Section 299

In Yap Sing Hock & Anor v PP, “Intention” refers to a person's intent to commit a crime. If an accused person has foresight (knows in advance) that his action will lead to the commission of the offence at or before the time of the commission of the offence or the doing of the forbidden act... and he desires to commit such an offence... When the foresight described above is present but the desire described above is not, it becomes the mens rea for "recklessness," such as causing death by a reckless act.

In the case of PP v Megat Sharizat bin Megat Shahrur

 Originally, respondent was charged with murder under Section 302 of the Penal Code. To make a case under Section 300, the prosecutor relied on circumstantial evidence. The prosecutor had successfully established a prima facie case under section 304 of the Code since it came within section 299 of the Code, and the charge was reduced to culpable homicide by the trial judge. Respondent pleaded guilty to the lesser charge and received a sentence of 15 years in prison.

 The prosecutor argued in the current appeal that the trial judge erred in ruling that the deceased's injuries were done with the intention of causing bodily injury, which was sufficient in the ordinary cause of nature to cause death.  The appeal was dismissed by the court, which said that if death is an imminent result, it falls under section 300. While Section 299 applies if death is a likely result. It would be safe to assume that all cases falling under section 300 would also fall under section 299, but this is not always the case.

In PP v Govindasamy s/o Nallaiah The defendant knocked the victim unconscious and set fire to the house. The victim regained consciousness but died as a result of the fire. The court held that defendant's act was not so imminently harmful that death was a practical certainty, nor that defendant knew death was a practical certainty. However, the court held that defendant was guilty under the third limb of Section 299 since he knew his actions were likely to result in death....