The comparative study on the defence of provocation in Malaysia and United Kingdom: the need to review. / Nur Amelia Rozaimi, Husna Nabila Badrolzaman and Umi Farhana Kawangid

Rozaimi, Nur Amelia and Badrolzaman, Husna Nabila and Kawangid, Umi Farhana (2012) The comparative study on the defence of provocation in Malaysia and United Kingdom: the need to review. / Nur Amelia Rozaimi, Husna Nabila Badrolzaman and Umi Farhana Kawangid. [Student Project] (Unpublished)

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Abstract

In Malaysia, provocation is a defence provided in the Penal Code under Exception 1 to Section 300 and is a partial defence for murder in which if succeed in proving its existence, it will amount to the mitigation of the sentences from murder to culpable homicide not amounting to murder. The research conducted has identified several loopholes or weaknesses in the local application of provocation as a defence and therefore subjected for a review. This is because the dual requirements which consist of the graveness and suddenness of provocation and the reasonable man test are in fact hard to establish. Even if these two requirements are successfully established, there are other elements may preponderate the importance of the dual requirements and leads to failure. This paper is also a comparative study between the application of the defence of provocation in Malaysia and the Partial Defence of Loss of Control in United Kingdom. The previous defence of provocation in the Homicide Act is abolished by the new legislation of Coroners and Justice Act 2009. In order to claim the defence of loss control, both Sections 54 and 55 of Coroners and Justice Act 2009 has to be fulfilled. The present partial defence of United Kingdom can be seen as a checklist. If the elements exist, then the defence can become a success. Therefore by making a comparative study between the defence that available in Malaysia and United Kingdom, the authorities can make improvement to the local defence,

Metadata

Item Type: Student Project
Creators:
Creators
Email
Rozaimi, Nur Amelia
2010822994
Badrolzaman, Husna Nabila
2010248474
Kawangid, Umi Farhana
2010402264
Contributors:
Contribution
Name
Email / ID Num.
Thesis advisor
Bee, Rahimah
UNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > National defense. Military law
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies (Hons)
Item ID: 35239
Uncontrolled Keywords: Penal Code, Defence, Provocation
URI: https://ir.uitm.edu.my/id/eprint/35239

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