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KONG POH ING V PP
237
KONG POH ING V PUBLIC PROSECUTOR
GENERAL PRINCIPLES OF MALAYSIAN LAW (TSU0614)
MADAM ROSMARINI BINTI MAT ZAIN
GROUP MEMBERS:
1. Nur Iyani Athirah Bt Bolhi (9170598)
2. Che Nur Izyan Bt Che Ismail (9170599)
3. Nur Haida Hanim Bt Tarmizi (9170600)
4. Muhd Syihabuddin Bin Salim (9170601)
5. Nur Hafizah Bt Azmi Mukhtar (9170602)
GROUP MEMBERS
GROUP 1 (KTL1 / TTL3)
WHAT IS ACCIDENT ?
ACCIDENT
SECTION 80 OF THE PENAL CODE
SECTION 80 OF THE PENAL CODE
" Nothing is an offence which is done by an accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution. "
ELEMENTS OF AN ACCIDENT
ELEMENTS OF ACCIDENT
* The accident must be a genuine accident and not due to the negligence.
* The act must be lawful and must been done in a lawful manner and by lawful means.
* With proper care and caution.
CITATION OF THE CASE
KONG POH ING V PUBLIC PROSECUTOR [1977] 2 MLJ 199
ABOUT THE CASE
ISSUE ARISE
* Whether Kong Poh Ing can raise a defence of accident under Section 80 of the Penal Code, when she accidentally stab her partner.
ISSUE ARISE
LAWYERS OF THE CASE
* Joseph Tang ( Kong Poh Ing's lawyer)
* Abdul Hamid Bin Mohamed Yusof (Public Prosecutor)
LAWYERS
FACTS OF THE CASE
FACTS
- Kong Poh Ing and the deceased was a sweet couple. The deceased promise that he will marry the accused.
- One day, the deceased has broken his promise.
- The accused were under stress and then she told the deceased that she is going to commit suicide.
- The deceased went to Kong Poh Ing place to comfort her.
- At the incident place, the accused showed a knife and acting like cutting her pulse.
- The deceased tried to wrench the knife.
- They were struggling and fell on the floor. Accidentally, the knife stabbed the deceased`s stomach.
- The accused ran away from the incident took place.
- The deceased was helped by his family member whom his father and sister.
- He was sent to a hospital to undergo an operation. But, unfortunately, the operation was failed and caused him to death.
HELD OF THE CASE
HELD
- Allowing the appeal :
As the defence of accident was not adequately put by the judge in his summing up there was a possibility that his might have led the assessors to take a wrong view of the law.
It could not confidently be said on a proper and reasonable reading of the summing up that the assessors would have returned the verdict they did return, if they had been adequately directed on the defence of accident.
CONCLUSION
CONCLUSION
The appellant appealed against her conviction for murder. The defence of the appellant was one of accident but this defence was not adequately put to the assessors. The assessors were not told that if they accepted the defence of accident, the appellant was entitled to be acquitted.