21 Apr 2025
MUHAMMAD AZWAN BIN ZULKARNAI [ ]
- Citation
- D-05(SH)-1-01/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- D-05(SH)-1-01/2024 (Mahkamah Rayuan)
The Court dismissed the appeal because the trial judge correctly rejected the insanity defence: psychiatric report showed substance‑induced psychosis had resolved and affirmed mental capacity at the material time; the appellant's deliberate actions (entry, seizure of firearm, loading and aiming, two shots causing fatal injuries, flight and concealment) and forensic evidence demonstrated cognitive capacity and intent. The appellant failed to satisfy the burden under s105 EA on a balance of probabilities and no adverse inference under s114(g) EA arose.