Dalam kes Tham Kai Yau & Ors v Public Prosecutor [1977] 1 MLJ 174 Mahkamah memutuskan antara lain: "Section 300 defines murder as follows. Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done: (1) with the intention of S/N IcTF8y9g0t7yhnGeuiVQ causing death; (2) with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; (3) with intention of causing such bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; (4) with the knowledge that the act is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death”. ... It is culpable homicide if the bodily injury intended to be inflicted is likely to cause death; it is murder, if such injury is sufficient in the ordinary course of nature to cause death. Illustration (c) given in s. 300, Penal Code is an example. It is on a comparison of these two limbs of s. 299 and s. 300 that the decision of doubtful cases as the present must generally depend. The distinction is fine, but noticeable. In the last analysis, it is a question of degree of probability.... In the present appeal we think that in view of the nature of the injuries sustained by the deceased and the time and place of the incident, there was evidence of an intention on the part of the appellants to cause bodily injury to the deceased (Emphasis ours). Therefore, in those circumstances, the fine distinction between ss. 299 and 300 is very important and that point should have been put clearly to the jury in such a way that they would be able to come to a correct conclusion. The forensic of reading ss. 299 and 300 to juries is likely to confuse rather than help. In view of what we have stated bove, a case such as the present must therefore fall within the second part of s.299 or the third clause of s. 300. Speaking generally, if S/N IcTF8y9g0t7yhnGeuiVQ the act must in all probability cause death, the offence is within s. 300, Penal Code, and if the act is only likely to cause death, the offence falls within s. 299, Penal Code. None of the exceptions to s. 300, Penal Code were established…”.