Federal Court Reduces Conviction of Man Who Strangled Lover’s Husband
By Loshinniy Nair S.Baskaran,
Kuala Lumpur, 16th August – The Federal Court of Malaysia has overturned the death sentence of a man convicted of strangling his lover’s husband, reducing the charge from murder to culpable homicide not amounting to murder. The case, presided over by Chief Justice Tun Tengku Maimun Tuan Mat, focused on whether the prosecution had sufficiently proven the intent to murder, a key element required under Section 300 of the Penal Code.
The incident occurred during a heated confrontation between the accused and the victim. The accused claimed he did not intend to kill but acted impulsively under extreme emotional distress. The court agreed with this defense, finding that the evidence did not support the conclusion that the accused had premeditated the murder or had the intention to cause death.
As a result, the court reclassified the crime under Section 304(a) of the Penal Code, which deals with culpable homicide not amounting to murder. This section applies when an individual causes death without the intent to murder, recognizing the influence of sudden provocation or intense emotions. The maximum penalty under this section is 30 years in prison and a possible fine.
This ruling underscore the critical role of intent in distinguishing between murder and culpable homicide under Malaysian law. By reducing the charge, the court acknowledged the complex emotional factors at play during the crime, offering a more nuanced application of justice in this case, as stated in Malaymail.
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