ULIN ANAK BLUKOK

ULIN ANAK BLUKOK

The court held the trial judge applied the correct legal test under section 84, accepted the defence psychiatrist's conclusion that the appellant was of sound mind and aware his acts were wrong at the time of the offences, and found no error in convicting for murder; therefore the appeal was dismissed and the death sentences affirmed.

Citation
Q-05(M)-280-07/2019 (Mahkamah Rayuan)
Parties
Appellant: Ulin Anak Blukok; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
26 October 2021
Case Number
Q-05(M)-280-07/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment Appeal Dismissed
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Murder, Insanity Defence, Section 84 Penal Code, Conviction and Sentence, Death Penalty
Source Language
Malay/English
Criminal Law Homicide Mental Health/insanity Forensic Evidence Criminal Procedure Murder Insanity Defence Section 84 Penal Code +2 more

Case Brief

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Parties

Ulin Anak Blukok

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment Appeal Dismissed

Legal Issues

  1. 1 Whether the appellant was legally insane under section 84 Penal Code at the time of the offences
  2. 2 Whether the trial judge erred in law by failing to apply the legal test for insanity
  3. 3 The weight to be given to psychiatric expert evidence in determining legal insanity

Ratio Decidendi

The court held the trial judge applied the correct legal test under section 84, accepted the defence psychiatrist's conclusion that the appellant was of sound mind and aware his acts were wrong at the time of the offences, and found no error in convicting for murder; therefore the appeal was dismissed and the death sentences affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence of the High Court affirmed