Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Exception 4 (sudden fight)

Legal area

Court

10 Mar 2025

[ ] Yew Wei Liang

Citation

B-05(SH)-630-12/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-630-12/2023 (Mahkamah Rayuan)

Court affirmed conviction under s304(a) Penal Code and 16-year imprisonment; held High Court erred to rely on Exception 2 (private defence) but court nonetheless found appellant entitled to rely on Exception 1 (grave and sudden provocation) which reduced the charge from murder to culpable homicide not amounting to murder; Exception 4 (sudden fight) did not apply because the confrontation was prolonged, there was cooling-off time and the accused took undue advantage/cruel means by using a motor vehicle.
21 Jan 2025

[ ] XXXX

Citation

CB-45B-1-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-1-05/2020 (Mahkamah Tinggi)

Although the Court of Appeal had found a prima facie case of murder, the High Court, on considering the sworn defence evidence, concluded the accuseds' evidence created reasonable doubt and that the facts fit Exception 4 (sudden fight), thereby reducing the offence to culpable homicide punishable under s.304(a) and ordering placement at Sekolah Henry Gurney for three years commencing 21.01.2025.