What is the legal basis for charging the UiTM crash suspect with murder?

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Legal Basis for Charging the UiTM Crash Suspect with Murder

The female suspect involved in the fatal incident at UiTM Dungun was charged under Section 302 of the Penal Code, which pertains to murder, as well as Section 307(1) of the same act, relating to attempted murder. These charges were brought forth based on the instructions of the Attorney General's Chambers, deviating from the typical charges under the Road Transport Act for such incidents. The decision to pursue murder charges was influenced by the circumstances observed at the scene, suggesting the suspect may have been conscious, failed to stop her vehicle, and continued to drag the victims for over 100 metres, indicating a potential intent to kill.
Charges Under Section 302 of the Penal Code

Norizan Ismail, aged 49, was formally charged with murder under Section 302 of the Penal Code at the Dungun Magistrate's Court. This section carries a mandatory death sentence for those found guilty of the offence. The prosecution's case, as indicated by the police chief, hinges on the argument that the suspect's actions demonstrated a conscious intent to cause death, rather than mere negligence or recklessness on the road.
Element of Intent to Kill Considered

The rationale behind the decision to charge under Section 302 was elaborated upon by the Terengganu police chief, Datuk Mohd Khairi Khairudin. He explained that the suspect's alleged failure to stop the vehicle and the act of dragging the victims for a considerable distance were key factors considered to possess an "element to kill." This interpretation suggests that the authorities believe the suspect's actions went beyond a traffic accident and exhibited a deliberate intent to inflict fatal harm.
Attempted Murder Charge Under Section 307(1)

In addition to the murder charge, Norizan Ismail also faced charges under Section 307(1) of the Penal Code at the Kuala Terengganu Sessions Court. This section deals with attempts to commit murder. The inclusion of this charge further underscores the prosecution's stance that the suspect's actions demonstrated a clear intention to cause death, with the surviving victim being the focus of this specific charge.
Lack of Driving License and Previous Allegations

Further details contributing to the investigation's context include the confirmation that the suspect did not possess a valid driver's license. While there were unconfirmed allegations of the suspect previously disturbing students and residents around UiTM Dungun, the police stated they had not received any formal reports or complaints regarding such incidents. The suspect was subsequently ordered to undergo a month-long mental examination and observation at Permai Johor Bahru Hospital.

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What is the legal basis for charging the UiTM crash suspect with murder?

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