[Timbalan (TPR), Jabatan Peguam Negara] PANG SIAT FUI

[Timbalan (TPR), Jabatan Peguam Negara] PANG SIAT FUI

Although prosecution proved beyond reasonable doubt that accused caused the fatal stabbing (elements of murder established), on the balance of probabilities the accused discharged the burden under s105 Evidence Act to show legal insanity under s84 Penal Code at the time of the act; accordingly acquittal under s347 KPJ was warranted and the accused is to be detained in a safe place with a report to be prepared under s348(1) KPJ.

Citation
CB-45B-1-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Pang Siat Fui
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 January 2026
Case Number
CB-45B-1-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal (murder) / Trial Concluded Judgment After Defence
Outcome
Accused acquitted on grounds of legal insanity (s84 Penal Code) and discharged under s347 Criminal Procedure Code despite having committed the act causing death.
Legal Topics
Murder (s300/s302 Penal Code), Insanity Defence (s84 Penal Code), Fitness to Plead / Psychiatric Report (s342 Kpj), Prima Facie Requirement (s180 Kpj), Burden of Proof (s105 Evidence Act), Detention After Acquittal (s347/s348 Kpj)
Source Language
Malay/English
Criminal Law Mental Health Law Forensic Psychiatry Evidence Law Criminal Procedure Murder (s300/s302 Penal Code) Insanity Defence (s84 Penal Code) Fitness to Plead / Psychiatric Report (s342 Kpj) +3 more

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Parties

Pendakwa Raya

Prosecution

Pang Siat Fui

Accused

Procedural Posture

Criminal (murder) / Trial Concluded Judgment After Defence

Legal Issues

  1. 1 Whether prosecution established a prima facie case of murder
  2. 2 Whether prosecution proved guilt beyond reasonable doubt
  3. 3 Whether accused discharged burden to establish legal insanity under s84 Penal Code

Ratio Decidendi

Although prosecution proved beyond reasonable doubt that accused caused the fatal stabbing (elements of murder established), on the balance of probabilities the accused discharged the burden under s105 Evidence Act to show legal insanity under s84 Penal Code at the time of the act; accordingly acquittal under s347 KPJ was warranted and the accused is to be detained in a safe place with a report to be prepared under s348(1) KPJ.

Court Disposition

Accused acquitted on grounds of legal insanity (s84 Penal Code) and discharged under s347 Criminal Procedure Code despite having committed the act causing death.

Orders

  • Accused to be detained in a safe place under section 347 KPJ
  • Court to prepare report under section 348(1) KPJ