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FEDERAL COURT PUTRAJAYA
PP – Appellant
Versus
SURBIR GOLE – Respondent
| Table of Content |
|---|
| 1. accused charged with murder; previous court's decisions addressed. (Para 1 , 19 , 28) |
| 2. court found cumulative provocation affects charge outcome. (Para 2 , 18 , 21) |
| 3. the case revolves around the murder charge and subsequent conviction under culpable homicide. (Para 3 , 4) |
| 4. verbal abuse as a substantial factor in the accused's actions. (Para 20 , 24 , 25) |
| 5. cumulative provocation as a valid defense against murder was argued. (Para 26) |
| 6. the court clarified the interpretation of grave and sudden provocation. (Para 29 , 31) |
| 7. the burden of proof lies on the accused to establish the defense under exception 1. (Para 36 , 39) |
| 8. the court's decision affirmed prior judgments and upheld the conviction. (Para 62) |
[1] The respondent (whom we will refer to as the "accused") was charged and tried at the High Court in Malaya at Johor Bahru on a murder charge.
[2] At the conclusion of the whole case the High Court found that Exception 1 to s 300 of the Penal Code applied. The accused was consequently convicted of culpable homicide not amounting to murder under para 304(b) of the and sentenced to imprisonment for a period of 10 years.
[3] The Public Prosecutor's appeal to t
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