Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Insanity defence (section 84)

  • 4 May 2025

    [TIMBALAN ] AMIR BIN ARIFFIN

    Citation
    KA-45B-2-04/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45B-2-04/2019 (Mahkamah Tinggi)

    The prosecution proved each element of murder beyond reasonable doubt by combined circumstantial and forensic evidence: accused was last seen with the victims, carried and used swords, left a sword at scene, DNA and blood on his clothing and nails, and expert post mortem evidence showed neck injuries were objectively sufficient in the ordinary course of nature to cause death (s.300(c)); the defence failed to prove insanity on the balance of probabilities; accordingly the accused was convicted on both counts and, given the victims were defenseless young children and the brutal nature of the at…

  • 26 Aug 2022

    [ ] Khairul Izaini Bin Khairuddin

    Citation
    BA-45B-26-06/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-26-06/2019 (Mahkamah Tinggi)

    Prosecution proved beyond prima facie standard that the victim died from multiple intentional blunt force injuries inflicted by the accused; the injuries were of a kind sufficient in the ordinary course of nature to cause death under s.300(c); psychiatric evidence showed the accused was legally sane at the time of the offence; therefore all elements of murder under s.302 Penal Code were established and the accused was convicted.