6 Nov 2023
[Timbalan (TPR), Jabatan Peguam Negara] LIM POO TECK
- Citation
- W-05(LB)-519-12/2021 (Mahkamah Rayuan)
- Court
- LB
- Case number
- W-05(LB)-519-12/2021 (Mahkamah Rayuan)
The Court of Appeal held the trial judge erred in acquitting the Respondent at the close of the prosecution case despite finding the act constituting murder proved because medical opinion alone at that stage cannot supplant the requirement to call the accused to enter his defence and prove legal insanity; the defence must be called and the court must evaluate all evidence including defence evidence before determining legal insanity, therefore the acquittal was set aside and the case remitted to the High Court for continuation and for the Respondent to enter his defence.