rayuan jenayah no:q-05-49-04 between empati anak mat

the shooting he had heard people talking about someone being
shot, he did not say that he heard that it was a chinese was
shot dead. Unless the accused had been at the scene on the
night of the 13.8.1998, he would not have the knowledge that
the voices he heard were speaking in chinese so as to enable
him to suspect that he had shot the wrong person.
According to the learned trial judge (page 714 of the
Appeal Record), “the fact that the accused had said he wanted
to kill Kusaimi bin Kawi, while it may provide a purpose or
reason for the accused being at the scene of crime that night,
and the fact that Kusaimi bin Kawi does not know the accused,
does not in any way detract from the fact that the accused had
an actual intention to kill a human being that night. Whether it
was Kusaimi bin Kawi or it was Emran bin Husaini (PW13)
whom the accused wanted to kill, the circumstances
surrounding the shooting of the deceased, shows that the
accused had an actual intention to kill a human being that night.
And the fact that the accused subsequently came to realize that
he might have shot the wrong person would not in any way
negative the intention to kill a human being because section
301 of the Penal Code provides that:-
“If a person, by doing anything which he intends or knows to be
likely to cause death, commits culpable homicide by causing the
death of any person whose death he neither intends nor knows
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