PANG KAR FOONG

PANG KAR FOONG

The Court allowed the prosecution's appeal, holding that because a prima facie case of murder was established the trial judge erred in acquitting at the end of the prosecution's case based solely on psychiatric evidence; the accused must be called to enter his defence and the matter is remitted to the High Court to proceed accordingly.

Citation
A-05(LB)-471-10/2024 (Mahkamah Rayuan)
Parties
Perayu: PENDAKWA RAYA; Responden: PANG KAR FOONG
Court
LB
Jurisdiction
Malaysia
Judgment Date
2 September 2025
Case Number
A-05(LB)-471-10/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Determination; Acquittal Set Aside and Remitted to High Court for Trial
Outcome
Appeal allowed; High Court acquittal set aside; case remitted to High Court Ipoh for trial; accused remanded
Legal Topics
Murder S302 Kanun Keseksaan, Insanity Defence S84 Kanun Keseksaan, Burden of Proof S105 Evidence Act 1950, Detention Under S348 Kanun Tatacara Jenayah, Acquittal at End of Prosecution's Case
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Forensic Psychiatry Murder S302 Kanun Keseksaan Insanity Defence S84 Kanun Keseksaan Burden of Proof S105 Evidence Act 1950 Detention Under S348 Kanun Tatacara Jenayah +1 more

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Parties

PENDAKWA RAYA

Perayu

PANG KAR FOONG

Responden

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Determination; Acquittal Set Aside and Remitted to High Court for Trial

Legal Issues

  1. 1 Whether the trial judge erred in acquitting the accused at the end of the prosecution's case without calling the accused to enter his defence
  2. 2 Whether medical/psychiatric evidence alone can justify acquittal at the close of the prosecution's case
  3. 3 Allocation and timing of the burden of proof for the insanity defence

Ratio Decidendi

The Court allowed the prosecution's appeal, holding that because a prima facie case of murder was established the trial judge erred in acquitting at the end of the prosecution's case based solely on psychiatric evidence; the accused must be called to enter his defence and the matter is remitted to the High Court to proceed accordingly.

Court Disposition

Appeal allowed; High Court acquittal set aside; case remitted to High Court Ipoh for trial; accused remanded

Orders

  • High Court judgment dated 30.09.2024 granting acquittal set aside
  • Record remitted to the High Court Ipoh for trial and the accused to be called to enter his defence before the same High Court judge