Tuesday, April 22, 2003

CRIMINAL LAW I
---> Case sgt sedeh.Luse Criminal.Still banyak nak cover..huwaa!!! Takut!!!

Case:Jageshar (1923)
Topic:Defence of Accident (S.80 Penal Code)
Facts:Defendant was attacking a victim when the victim's wife who was carrying a baby at the time intervened.Defendant hit the victim's wife but accidentally hit the baby and as a result,the baby died two days later.Defendant was charged with murder,and he pleaded S.80.
Held:Although the baby was hit on accident, Defendant's act was not covered by S.80 because he was not doing a lawful act at the time.
General Principle:Where Defendant was not doing a lawful act,in lawful manner,by lawful means,he cannot rely on S.80 as defence.

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