How to know whether such offence committed is murder or more of a culpable homicide? How do Judge or Court decide this since both offences still cause death? According to Penal Code, culpable homicide is defined under Section 299, meanwhile murder is defined under Section 300. Usually, all murder is culpable homicide but not all culpable homicide is necessarily murder; depending on the likelihood of the cause of such death. Quoting a High Court’s case:
“The distinction between s 299 of the Penal Code and s 300 of the Penal Code is in the degree of probability or likelihood that death would result from a particular action. In the event death is a likely result of the action, this would mean it is culpable homicide. In the event death is the most probable result of the action, this would mean it is murder. In the event death is imminent, it is murder.” (PP v. Siva Sangker Mani, [2021] MLRHU 269) – this is how we can differentiate those two, and this is rightly put here.
Nur Farihah Syahriza, Pelatih Dalam Kamar.
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