KUALA LUMPUR: The prosecution may face challenges in proving the mens rea element, or legal intent required under Section 302 of the Penal Code in the murder case of Zaharif Affendi in Meru, Ipoh.
Legal Advocacy Service director Mahmud Jumaat highlighted that the burden of proof under this section demanded a level surpassing reasonable doubt.
"The prosecution's challenge lies in meeting the requirements of Section 302 of the Penal Code. The burden of proof is difficult to establish that the accused is responsible for the deceased's death.
"This also needs to encompass that the accused's actions weren't a result of negligence or error but were based on an intent that aligns with any provision of Section 300 of the Penal Code.
"The investigators or prosecution not only require sufficient and maximum evidence but also need strong evidence and a list of witnesses capable of providing precise and clear testimony without doubt," he said.
Mahmud suggested that the existing legal provisions were sufficient without the need for further tightening of existing regulations.
"As we know, all amendments related to road traffic offences under Sections 41 to 45 of the Road Transport Act (Amendment 2020 effective from October 23, 2020) have been made.
"This includes offences causing death by reckless driving under Section 41 of the Road Transport Act 1987, which has been amended and intensified to a heavier penalty of imprisonment from five to 10 years with a fine ranging from RM20,000 to RM50,000, which is adequate."
Meanwhile, another lawyer, Faizal Abd Rahman, believed in the distinction between 'road accidents' and 'violence or aggression on the road.'
He said accidents typically occur unexpectedly due to negligence from one or both parties.
"However, when discussing road violence, it shouldn't be categorised as a typical accident. To distinguish between the two, the facts of each case need careful examination.
"I acknowledge there haven't been cases of road accidents charged under Section 302 of the Penal Code, but it doesn't prevent the prosecution from charging someone under that section if it's found that the death wasn't caused by an 'accident'," he concluded.