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The Court of Appeal dismissed Daryati’s murder appeal, rejecting diminished responsibility after finding the psychiatric defence unsupported by objective evidence.
High Court murder conviction in which the accused’s intoxication, diminished responsibility, provocation, and suicide theories were rejected.
The accused inflicted repeated hammer blows to the victim's head with the requisite intent to silence her, causing fatal blunt force brain injuries; the prosecution therefore proved murder under s300 beyond reasonable doubt and the defences of self-defence and sudden fight were rejected.
Source excerpt
The Court affirmed conviction and mandatory death sentence because the objective evidence (notably the deliberate transfer of the knife to a now-free left hand and the thrust into a sleeping, unarmed victim) established the requisite intention under s300(c), and Exception 4 was unavailable because the appellant armed himself beforehand and thereby took undue/unfair advantage.
Source excerpt
The Court of Appeal upheld Lau Lee Peng’s murder conviction, holding that grave and sudden provocation was not made out and that his conduct showed conscious, purposeful action.
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