Luqman Hadi Bin Mustapa [ ]

Luqman Hadi Bin Mustapa [ ]

Appellant failed to prove legal insanity or intoxication‑induced insanity on the balance of probabilities; the untested psychiatric report was insufficient, appellant elected silence and produced no rebuttal, and his conduct, statements and injuries inflicted demonstrated awareness and intent; therefore prosecution proved guilt beyond reasonable doubt and the convictions and sentences were upheld.

Citation
M-05(M)-357-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Luqman Hadi bin Mustapa; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
25 August 2022
Case Number
M-05(M)-357-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeal dismissed; High Court convictions and sentences affirmed.
Legal Topics
Murder, Attempted Murder, Insanity Defence, Intoxication Defence, Prima Facie Case, Evidence, Sentence (death)
Source Language
Malay/English
Criminal Law Procedural Law Forensic Psychiatry Murder Attempted Murder Insanity Defence Intoxication Defence Prima Facie Case +2 more

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Parties

Luqman Hadi bin Mustapa

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether appellant established legal insanity under section 84 Penal Code
  2. 2 Whether intoxication/temporary insanity under section 85(2)(b) Penal Code applied
  3. 3 Whether prosecution proved a prima facie case and proved guilt beyond reasonable doubt

Ratio Decidendi

Appellant failed to prove legal insanity or intoxication‑induced insanity on the balance of probabilities; the untested psychiatric report was insufficient, appellant elected silence and produced no rebuttal, and his conduct, statements and injuries inflicted demonstrated awareness and intent; therefore prosecution proved guilt beyond reasonable doubt and the convictions and sentences were upheld.

Court Disposition

Appeal dismissed; High Court convictions and sentences affirmed.

Orders

  • Dismissed the appellant's appeal
  • Affirmed High Court convictions for three counts of murder and two counts of attempted murder