Muhammad Azwan bin Zulkarnai v Pendakwa Raya

Appellant(s): Muhammad Azwan Bin Zulkarnai

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Azmi Bin Ariffin
• YA Datuk Noorin binti Badaruddin

• The appellant was charged with murder under Section 302 of the Penal Code for shooting the deceased.
• The High Court found a prima facie case, called for defence, and subsequently convicted the appellant, sentencing him to 30 years imprisonment and 12 strokes of the cane.
• The appellant appealed against the conviction and sentence, primarily relying on the defence of insanity under Section 84 of the Penal Code.

• Whether the High Court erred in rejecting the appellant's defence of insanity under Section 84 of the Penal Code.
• Whether the psychiatric expert's opinion on "legal insanity" was admissible, or if it was a matter exclusively for the Court to determine.
• Whether the appellant successfully discharged the burden of proving legal insanity on a balance of probabilities, considering his conduct before, during, and after the incident.

• The Court of Appeal affirmed the High Court's decision to reject the defence of insanity, reiterating that the distinction between "medical insanity" and "legal insanity" means only the latter exempts criminal responsibility and is for the Court to decide.
• The Court found that the appellant failed to prove legal insanity on a balance of probabilities, as his detailed recollection of events and actions (breaking in, retrieving the gun, loading it, targeting the deceased, and fleeing) indicated rational thought and awareness of his actions.
• The Court concluded that the prosecution had proven its case beyond reasonable doubt, and the conviction and sentence were safe to be upheld, dismissing the appeal.