Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Insanity defence (s84 penal code)

Legal area

Court

26 Jan 2026

[Timbalan (TPR), Jabatan Peguam Negara] PANG SIAT FUI

Citation

CB-45B-1-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-1-03/2021 (Mahkamah Tinggi)

Although prosecution proved beyond reasonable doubt that accused caused the fatal stabbing (elements of murder established), on the balance of probabilities the accused discharged the burden under s105 Evidence Act to show legal insanity under s84 Penal Code at the time of the act; accordingly acquittal under s347 KPJ was warranted and the accused is to be detained in a safe place with a report to be prepared under s348(1) KPJ.
27 Jun 2023

MOHAMMAD ALIF SHAFIQ BIN KU ABDUL AZIZ

Citation

AB-83JS-12-12/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83JS-12-12/2019 (Mahkamah Majistret)

Prosecution failed to prove the first charge beyond reasonable doubt because corroboration and witness identification issues (SP7 could not reliably support SP2 as a separate complainant) and inconsistencies in complainant conduct; however prosecution proved the second charge as elements of s354 were satisfied and the accused failed to discharge the burden to prove legal insanity on balance of probabilities, therefore conviction on the second charge was proper and sentence of 8 months imprisonment plus RM5,000 fine (4 months default) was appropriate.