Seminar 6 Mindmap Murder Exceptions Part I Overview
This mind map explores legal exceptions to murder cases, focusing on sudden and unexpected provocation, exceeding private defense rights, and public servant involvement. It also covers undue advantage, sudden fights, and elements of self-control and provocation necessary in murder cases. Visual aids and case references provide a comprehensive understanding of these legal concepts.
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Seminar 6 Mindmap Murder Exceptions Part I BOP on defendant to prove exceptions Sudden unexpected, ocular and verbal conduct. No premeditation and calculation. Read Boh Soon Ho Grave provocation to cause reasonable man to lose self- control Exceptions to Murder Grave and Sudden Provocation (Objective) Reasonable man means an ordinary person of either sex, not exceptionally excitable or pugnacious. Exclude individual peculiarities. Proportionality between act of provocation and response. Accused should have suddenly lost self-control a the material time of the killing due to the perceived provocation to the extent that he was no longer in control of his mind. Read Boh Soon Ho Grave and sudden provocation. Qn. of fact. Accused deprived of self-control (subjective) and provocation must be grave and sudden whether an ordinary person of the same sex and age as the accused, same characteristics would be so provoked (objective). Read Boh Soon Ho. Provocation not sought or provoked by accused, not in response to legal exercise, not in response to right of private defence. Read Mohammad Rosli bin Abdul Rahim.
Seminar 6 Mindmap Murder Exceptions Part I Accused had to have attempted to seek help from relevant public authorities if there was a reasonable opportunity for him to have done so. Read Iskandar. BOP on defendant to prove exceptions Accused had to have been the subject of an offence affecting the human body. Read Iskandar Exceptions to Murder Exceeding Private Defence The right of private defence (general exception) must first be available, right was exercised in good faith, death was caused without premeditation, death was caused without any intention of doing more harm than was necessary. Subjective test. Read Iskandar.
Seminar 6 Mindmap Murder Exceptions Part I BOP on defendant to prove exceptions Exceptions to Murder Public Servants Public servant or aiding a public servant to advance public justice, exceeded lawful powers and in good faith, without ill-will to the deceased
Seminar 6 Mindmap Murder Exceptions Part I Undue advantage if deceased unarmed and accused used a weapon. Physique, age, ability, aggression, surprise attack, weapons. Read Iskandar. Fight and injuries suffered. Weapons. Disparity of size between accused and deceased. Read Iskandar. BOP on defendant to prove exceptions Exceptions to Murder Sudden Fight Sudden fight (must be a fight and not a one sided strike) in the heat of passion upon a sudden quarrel, no premeditation, accused did not take undue advantage or having acted in a cruel and unusual manner. Cruel and unusual manner qn of fact. E.g. deceased of no threat or danger to accused and accused still attacking deceased. Read Iskandar.
