Interpretation of grave and sudden provocation in Malaysia / Mohd Safri Mohammed Na’aim

Mohammed Na’aim, Mohd Safri (2017) Interpretation of grave and sudden provocation in Malaysia / Mohd Safri Mohammed Na’aim. Journal of Academia, 5 (1). pp. 166-177. ISSN 2289-6368

Abstract

Provocation as a defence to murder is recognised under Exception 1 to section 300 of the Penal Code. One of the conditions that has to be met for a successful provocation is that the provocation must have been grave and sudden. Since murder is regarded as one of the most violent crimes, the requirements of graveness and suddenness are crucial to prevent the defence of provocation from being abused. These two requirements are cumulative, whereby if any of these elements is lacking, the defence will fail. However, a cautious reading of this Exception shows some ambiguity in the interpretation of the terms grave and sudden. This ambiguity has resulted in several interpretations by the courts. This paper aims to analyse the court’s approach towards the interpretation of these words. The paper consists of a detailed critical analysis of the Penal Code, case law and scholarly writing related to this area. The paper concludes that there still exists some ambiguity in the interpretation of grave and sudden provocation. This leaves the interpretive task solely to the court, thus resulting in a possible risk to the accused who relies on this line of defence.

Metadata

Item Type: Article
Creators:
CreatorsID Num. / Email
Mohammed Na’aim, Mohd Safrisafri7246@puncakalam.uitm.edu.my
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Criminal law and procedure
K Law > KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Divisions: Universiti Teknologi MARA, Negeri Sembilan > Kuala Pilah Campus
Journal or Publication Title: Journal of Academia
Journal: UiTM Journal > Journal of Academia UiTM Negeri Sembilan
ISSN: 2289-6368
Volume: 5
Number: 1
Page Range: pp. 166-177
Item ID: 29491
Uncontrolled Keywords: Provocation, defence, grave, sudden, murder, culpable homicide
URI: http://ir.uitm.edu.my/id/eprint/29491

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