Defence
4 cases · January 2025 to June 2025
Key Issues & Sub-Topics
Innocent carrier — Alleged third party “Teh” — Information incomplete, insufficient, no independent evidence — Trial judge correctly evaluated defence and inferred wilful blindness. 1 Kamotenu passed the Car keys to the accused to return the Car to the accused's father — Less than 5 minutes after Kamotenu left, the policemen came and arrested the accused 1 Abnormality of mind — Accused suffering from Intermittent Explosive Disorder — Whether this condition — Substantially impairs the accused mental responsibility or causes diminished responsibility — At the time of committing the offence — Whether it falls under S. 84 Penal Code for protection — Threshold of legal insanity for S. 84 — The applicable test for defence of legal insanity — Decision of the Federal Court in PP v Mohd Rozani Yahya [2025] 2 CLJ 21 — Whether the accused has succeeded in discharging the burden on the balance of probabilities — Whether accused has raised a reasonable doubt. 1 1st accused stopped his car at the material time due to a water radiator issue in his car — 2nd accused was looking for earthworms for fishing — both accused did not know each other — it was the police who had found the black bag underneath some oil palm leaves — the place where the police claimed to have parked his car to observe the 1st accused car was more than 2 kilometers away and not 50 meters as claimed by the police 1
Innocent carrier — Alleged third party “Teh” — Information incomplete, insufficient, no independent evidence — Trial judge correctly evaluated defence and inferred wilful blindness. 1 case
Kamotenu passed the Car keys to the accused to return the Car to the accused's father — Less than 5 minutes after Kamotenu left, the policemen came and arrested the accused 1 case
Abnormality of mind — Accused suffering from Intermittent Explosive Disorder — Whether this condition — Substantially impairs the accused mental responsibility or causes diminished responsibility — At the time of committing the offence — Whether it falls under S. 84 Penal Code for protection — Threshold of legal insanity for S. 84 — The applicable test for defence of legal insanity — Decision of the Federal Court in PP v Mohd Rozani Yahya [2025] 2 CLJ 21 — Whether the accused has succeeded in discharging the burden on the balance of probabilities — Whether accused has raised a reasonable doubt. 1 case
1st accused stopped his car at the material time due to a water radiator issue in his car — 2nd accused was looking for earthworms for fishing — both accused did not know each other — it was the police who had found the black bag underneath some oil palm leaves — the place where the police claimed to have parked his car to observe the 1st accused car was more than 2 kilometers away and not 50 meters as claimed by the police 1 case
Court Distribution
Key People & Firms
Cases
s-05sh-160-04-2023
Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya]
18 June 2025
MYCOA
ja-45a-80-12-2021
PENDAKWA RAYA Pendakwa Raya TERTUDUH NIRMAHL A/L SUBRAMANNIAN
23 April 2025
MYHC
jb-45b-2-08-2020
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MUHAMMAD HUZAIRI BIN RAZALI
26 January 2025
MYHC
ja-45a-65-11-2021
PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD SOFRIFAIZAL BIN MOIN
23 January 2025
MYHC