Bunuh is charged with the murder of Matio. This offence is alleged to have taken place at "Unpure Bar" in Bangsar, Kula Lumpur on 1.4.2009. Mabuk who is a bartender in Unpure Bar will testify for the prosecution that Bunuh and Matio were sitting next to each other when Bunuh suddenly punched Matio .Matio then fell over and hit his head against the floor and died almost instantly.

Bunuh however argues that it was Matio who had attacked him first and that he had only punched Matio in retaliation .Cantik, who is a waitress in unpure bar, is willing to testify that she saw Matio punch Bunuh first before Bunuh had retaliated.

Bunuh claims that he had no intention to cause any serious harm to Matio and that the whole incident was a terrible accident.

Advise the parties on the burden and standard of proof.