Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Insanity defence (s.84 penal code)

Legal area

Court

27 Feb 2024

Sathiaraj A/l Kundaiah [ ]

Citation

B-05(M)-369-08/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-369-08/2022 (Mahkamah Rayuan)

The Court held s.84 did not apply because there was no evidence of any mental disease or defect causing legal insanity; the trial judge was not required to raise s.84 sua sponte where the accused did not pursue it; self-induced drug use did not establish s.85 defences and evidence showed the appellant was conscious, formed intent and knew his acts were wrong; conviction for murder under s.302 and death sentence were therefore affirmed.
20 Nov 2023

Ja'afar Bin Halid [Jabatan Peguam Negara]

Citation

P-05(M)-443-12/2020 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-443-12/2020 (Mahkamah Rayuan)

On the balance of probabilities the Court of Appeal found the appellant was legally insane under s.84 Penal Code at the time of the shootings (supported by prior psychiatric records D147 and D151A, witness observations of hallucination/chanting and erratic aggressive conduct, and expert evidence on stimulant‑induced psychosis), therefore the convictions for murder and attempted murder could not stand; applying CPC s.347 the appellant was acquitted and discharged and, under CPC s.348, ordered to be sent to a mental hospital with a report to the Yang di‑Pertuan Agong for approval of confinement.