Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 233(1)(a) multimedia and communication act 1998
  • 27 Jun 2024

    SHARIL BIN MOHD SARIF

    Citation
    WA-42CY-5-10/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42CY-5-10/2023 (Mahkamah Tinggi)

    The High Court affirmed the sessions court's acquittal because, on full appraisal of the prosecution evidence including the psychiatric report P4B and the accused's unchallenged explanation, the prosecution failed to prove the requisite mens rea (intent to injure) making out a prima facie case under s233(1)(a) Act 588; the sessions court properly ordered observation, proceeded to trial after certification of fitness to plead, evaluated medical and legal insanity principles, and correctly found no appealable error of fact or law.