Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Intoxication defence (s.85 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.
26 Aug 2022

[ ] Sathiaraj A/l Kundaiah

Citation

BA-45B-12-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-12-06/2020 (Mahkamah Tinggi)

Objective evidence (post‑mortem showing suffocation, multiple bruises and restraint; fingerprints and CCTV placing accused at scene; DNA linking accused to sexual contact; accused's conduct in gagging, binding, raping and then pawning victim's chain) established that the accused intentionally inflicted injuries which were, in the ordinary course of nature, sufficient to cause death under s.300(c). The intoxication defence failed as it was not proved to meet s.85 requirements. Prosecution proved guilt beyond reasonable doubt; conviction for murder (s.302) and death sentence follows.