Malaysia Case Law: Decisions & Judgments

Topic

Insanity defence (section 84 penal code)

Legal area

Court

24 Jun 2024

KHAIRUL AZIZI BIN ABDUL JALIL [ ]

Citation

A-05(M)-586-12/2022 (Mahkamah Rayuan)
Court

M
Case number

A-05(M)-586-12/2022 (Mahkamah Rayuan)

Trial judge correctly preferred prosecution psychiatrist's opinion based on his more extensive, objective assessment and rejected defence psychiatrist's report as deficient; defence failed to prove legal insanity on balance of probabilities; calling prosecution psychiatrist during prosecution case was procedurally premature but did not prejudice accused; conviction for murder affirmed and death sentence commuted to 35 years imprisonment plus 12 strokes of the cane.
30 Apr 2024

SOBRI BIN ABDUL WAHAB

Citation

B-05(M)-9-01/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-9-01/2022 (Mahkamah Rayuan)

Appellant failed to prove legal insanity on a balance of probabilities; trial judge and the Court of Appeal were entitled to prefer the evidence of the treating/rebuttal psychiatrist (SP15) who concluded appellant was legally sane at the time; circumstantial evidence including DNA and the nature and number of stab wounds established intention under s.300 Penal Code; conviction for murder was upheld and the death sentence was commuted to 30 years imprisonment from 10 March 2018 plus 12 strokes.
29 Apr 2024

Mohd Azhud Bin Ibrahim [ ]

Citation

A-05(M)-65-03/2023 (Mahkamah Rayuan)
Court

M
Case number

A-05(M)-65-03/2023 (Mahkamah Rayuan)

The Court held that the circumstantial evidence, when considered collectively, established beyond reasonable doubt that the appellant alone inflicted the fatal injuries; the defences of self-defence and insanity failed on the evidence and expert reports; accordingly the conviction was affirmed and, pursuant to the abolition of the mandatory death penalty, the death sentence was replaced with 30 years imprisonment and 12 strokes of the rotan.

Malaysia Case Law

KHAIRUL AZIZI BIN ABDUL JALIL [ ]

SOBRI BIN ABDUL WAHAB

Mohd Azhud Bin Ibrahim [ ]