4 Oct 2024
[ ] MOHD ROZANI BIN YAHAYA
- Citation
- 05(LB)-117-11/2023(D) (Mahkamah Persekutuan)
- Court
- LB
- Case number
- 05(LB)-117-11/2023(D) (Mahkamah Persekutuan)
The Federal Court held the trial judge and Court of Appeal erred in acquitting the accused at the end of the prosecution case without calling the defence because the accused had not discharged the burden to prove legal insanity under section 84 or intoxication-induced insanity under section 85(2)(b); medical evidence alone was insufficient to establish legal insanity and the proper procedure is to continue the trial and call the accused to enter his defence; accordingly the appellate courts' acquittals were set aside and the matter remitted to the High Court for continuation.