Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Exceptions to murder (s300)
  • 10 Mar 2025

    Yew Wei Liang [ ]

    Citation
    B-05(SH)-622-12/2023 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-622-12/2023 (Mahkamah Rayuan)

    Appellate court held appellant could not rely on Exception 4 (sudden fight) because the violence and pursuit were protracted and there was a cooling-off period and use of a vehicle was an unfair/ cruel advantage; however the provocation at the final stage (deceased striking the vehicle with a baseball bat) satisfied Exception 1 (grave and sudden provocation) so the proper conviction is culpable homicide not amounting to murder under s304(a) Kanun Keseksaan; accordingly the conviction and 16-year sentence imposed by the High Court were affirmed.