Capital & Grave Offences
Murder & Culpable Homicide
Charges under s.300 (murder) and s.299 (culpable homicide not amounting to murder) of the Penal Code are the most serious in Malaysian law. Recent reforms have introduced sentencing discretion for murder, but the stakes remain life and liberty.
How I approach it
We assemble a defence team that includes forensic pathologists and ballistics experts where required, scrutinise post-mortem reports, challenge identification and intent, and pursue reduction to culpable homicide where the law and facts support it.
Speak to RohanCharges I represent
- Murder under s.302 Penal Code
- Culpable homicide not amounting to murder (s.304)
- Causing death by negligence (s.304A)
- Attempt to murder (s.307)
What is at stake
Section 302
Death or imprisonment for not less than 30 years and up to 40 years, with whipping, following the 2023 reforms.
Section 304
Up to 30 years' imprisonment, with whipping, where the act is done with the intention causing death.
Section 304A
Up to 2 years' imprisonment for causing death by a rash or negligent act.
Defences I build
Reduction to culpable homicide
Exceptions to s.300 — grave and sudden provocation, sudden fight, private defence exceeded — can reduce murder to culpable homicide.
Right of private defence
Properly pleaded and supported, private defence is a complete answer even to a charge of murder.
Diminished responsibility
Medical and psychiatric evidence can ground a defence of unsoundness of mind under s.84 of the Penal Code.
Common questions about Murder & Culpable Homicide
No. Since the 2023 reforms, the court has discretion to impose death or a long custodial term with whipping, depending on the facts.
Murder under s.302 requires one of the four limbs of s.300 to be proved. Culpable homicide under s.304 covers killings done with intention or knowledge but without the elements of murder.
Common intention (s.34) and common object (s.149) can attach liability to those present. The defence is precisely to break that nexus.
Confidential consultation
Facing a criminal.items.murder.shorttitle charge?
Time is the most valuable thing you have right now. Speak to me early, in confidence, and let us plan the response together.
Discuss your case