SHARIL BIN MOHD SARIF

SHARIL BIN MOHD SARIF

The prosecution failed to prove a prima facie case because the psychiatric evidence established that at the time of the alleged postings the accused was legally unsound of mind (schizophrenia), incapable of knowing the nature and wrongness of his acts and therefore lacked the requisite intent under s.233(1)(a); accordingly the accused was not called to answer and was discharged and acquitted.

Citation
WA-62CY-9-05/2023 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: Sharil bin Mohd Sarif
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 October 2023
Case Number
WA-62CY-9-05/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment at Sessions Court: Accused Discharged and Acquitted on No Prima Facie; Prosecution Appealed to High Court
Outcome
Accused discharged and acquitted of both charges; not called to enter defence
Legal Topics
Insanity Defence, Prima Facie Test, Section 233 Communications and Multimedia Act 1998, Forensic Psychiatry Evidence, Digital Evidence Attribution
Source Language
Malay/English
Criminal Law Communications Law Mental Health Law Digital Forensics/cybercrime Insanity Defence Prima Facie Test Section 233 Communications and Multimedia Act 1998 Forensic Psychiatry Evidence +1 more

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Parties

PENDAKWA RAYA

Prosecution

Sharil bin Mohd Sarif

Accused

Procedural Posture

Criminal / Trial Judgment at Sessions Court: Accused Discharged and Acquitted on No Prima Facie; Prosecution Appealed to High Court

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under s.233(1)(a) CMA 1998
  2. 2 Whether the accused was legally insane at the time of the alleged offences and thereby incapable of forming the requisite intent
  3. 3 Whether psychiatric and forensic evidence sufficiently rebut the inference of intent required under s.233(1)(a)

Ratio Decidendi

The prosecution failed to prove a prima facie case because the psychiatric evidence established that at the time of the alleged postings the accused was legally unsound of mind (schizophrenia), incapable of knowing the nature and wrongness of his acts and therefore lacked the requisite intent under s.233(1)(a); accordingly the accused was not called to answer and was discharged and acquitted.

Court Disposition

Accused discharged and acquitted of both charges; not called to enter defence

Orders

  • Accused released and acquitted from both charges
  • Accused not called to enter a defence pursuant to absence of prima facie case