Lord Diplock:

The appellant was found guilty by the High Court of the offence of murder under s. 300 of the Penal Code (Cap. 103, 1970 Edn.) and was condemned to death. Murder was the only offence with which he had been charged. His appeal against his conviction was dismissed by the Court of Criminal Appeal. He now appeals against his conviction to the Judicial Committee of the Privy Council by special leave of this Board.

The only questions in this appeal are whether, upon the findings of fact made by the two Judges of the High Court by whom the appellant was tried, the charge of murder under s. 300 of the Penal Code was made out and, if it were not, whether upon those findings he should have been convicted of the offence of culpable homicide under s. 299 or of causing death by a rash or negligent act under s. 304A.

The relevant provisions of the Penal Code are in the following terms:

299 Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence, of culpable homicide.

300 Except in the