A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin
Under Section 304A of Malaysia Penal Code it deals with the offence of causing death by negligence. Under this section, the amount of punishment provided is imprisonment of 2 years or fine or both. The problem with the available punishment is that, it is inadequate because the offence deals with the...
| Main Authors: | , , |
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| Format: | Student Project |
| Language: | English |
| Published: |
Faculty of Law
2012
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| Subjects: | |
| Online Access: | https://ir.uitm.edu.my/id/eprint/28211/ |
| _version_ | 1848806979440476160 |
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| author | Abd Karim, Sharifa Nurliliyana Md Zahary, Afzan Hanim Che Arifin, Arnie Azreen |
| author_facet | Abd Karim, Sharifa Nurliliyana Md Zahary, Afzan Hanim Che Arifin, Arnie Azreen |
| author_sort | Abd Karim, Sharifa Nurliliyana |
| building | UiTM Institutional Repository |
| collection | Online Access |
| description | Under Section 304A of Malaysia Penal Code it deals with the offence of causing death by negligence. Under this section, the amount of punishment provided is imprisonment of 2 years or fine or both. The problem with the available punishment is that, it is inadequate because the offence deals with the lives of another people, which will be endangered. Hence, it is not fair to simply provide for a punishment that is not proportionate with the offence. The purpose of carrying out this research is to look into further details regarding the existing punishment for the offence of causing death by negligence as in accordance with section 304A of the Penal Code of Malaysia, which was said to be inadequate. Comparisons are made between different countries, which involve United Kingdom (UK), India and Australia. This will help in assessing the appropriate amount of punishment that should be given to those offenders who commit the offence under this above-mentioned section. The conclusion obtained from this research is that the existing punishment for the offence of causing death by negligent under Section 304A of Penal Code should be amend in that a harsher punishment should be imposed towards the offenders. |
| first_indexed | 2025-11-14T22:35:32Z |
| format | Student Project |
| id | uitm-28211 |
| institution | Universiti Teknologi MARA |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T22:35:32Z |
| publishDate | 2012 |
| publisher | Faculty of Law |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | uitm-282112020-02-11T07:24:34Z https://ir.uitm.edu.my/id/eprint/28211/ A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin Abd Karim, Sharifa Nurliliyana Md Zahary, Afzan Hanim Che Arifin, Arnie Azreen Negligence Under Section 304A of Malaysia Penal Code it deals with the offence of causing death by negligence. Under this section, the amount of punishment provided is imprisonment of 2 years or fine or both. The problem with the available punishment is that, it is inadequate because the offence deals with the lives of another people, which will be endangered. Hence, it is not fair to simply provide for a punishment that is not proportionate with the offence. The purpose of carrying out this research is to look into further details regarding the existing punishment for the offence of causing death by negligence as in accordance with section 304A of the Penal Code of Malaysia, which was said to be inadequate. Comparisons are made between different countries, which involve United Kingdom (UK), India and Australia. This will help in assessing the appropriate amount of punishment that should be given to those offenders who commit the offence under this above-mentioned section. The conclusion obtained from this research is that the existing punishment for the offence of causing death by negligent under Section 304A of Penal Code should be amend in that a harsher punishment should be imposed towards the offenders. Faculty of Law 2012 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/28211/1/28211.pdf Abd Karim, Sharifa Nurliliyana and Md Zahary, Afzan Hanim and Che Arifin, Arnie Azreen (2012) A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin. (2012) [Student Project] (Unpublished) |
| spellingShingle | Negligence Abd Karim, Sharifa Nurliliyana Md Zahary, Afzan Hanim Che Arifin, Arnie Azreen A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin |
| title | A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin |
| title_full | A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin |
| title_fullStr | A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin |
| title_full_unstemmed | A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin |
| title_short | A legal analysis on the punishment for death by negligence under the penal code in Malaysia / Sharifa Nurliliyana Abd Karim, Afzan Hanim Md Zahary and Arnie Azreen Che Arifin |
| title_sort | legal analysis on the punishment for death by negligence under the penal code in malaysia / sharifa nurliliyana abd karim, afzan hanim md zahary and arnie azreen che arifin |
| topic | Negligence |
| url | https://ir.uitm.edu.my/id/eprint/28211/ |